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Can I file Lien now?

Florida

I have a sizeable invoice 84 days old and another 54 days old. I have emailed GC requesting payment or that I will file a lien. When can I file. Do I have to send a letter of non-payment or Intent to lien? Do I have to send the same to owner before I lien. I was prepared to lien asap. But haven't sent anything to owner.

5 replies

Aug 18, 2021
Assuming that a payment bond is not in place, if you did not deliver a "Notice to Owner" yet then you have no lien rights. I recommend that you send the notice to owner anyway so the owner can see that you haven't been paid.
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Aug 18, 2021
Notice of Non-payment or Notice of Intent to Lien?
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Aug 18, 2021
A notice to owner. This is a statutory form found in Florida Statute 713.06. A notice of intent is not a Florida requirement or an official form. A notice of nonpayment relates to a payment bond.
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Aug 24, 2021
How long after I send a notice to owner before I can file a lien?
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Aug 24, 2021
The NTO and a lien are not sequenced. Generally, a lien can be filed at any time there is unpaid work in place. Please refer to my response on Aug. 18th. Since you did not deliver a NTO within 45 days of starting work you have no lien rights. This might sound like gobblygook, but you must remember that to enforce a lien any trade not having a direct contract with the owner has to timely deliver a "notice to owner." Failure to do so is fatal to a construction lien foreclosure lawsuit.
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