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Can I lien a construction project as an employee of the general contract on an unpaid expense report (i spent personal money on material furnished for project)

I worked for a General Contractor and we regularly bought material from our personal account and were then reimbursed by the company through expense reports. If the company won't reimburse an expense report can I lien the property? Let me know. Thanks

1 reply

Apr 24, 2020

Employees who perform work on Florida construction sites are typically able to file mechanics lien claims as "laborers." So, it's possible that a GC's employee could file a mechanics lien in their own capacity as a laborer if they've gone unpaid for their work. However, the definition of a laborer includes a party who "does not furnish materials or labor service of others." Based on the way that phrase is written, it's not crystal clear whether a laborer who's furnished material, themselves, will be entitled to lien. Still - an individual who has furnished materials may be entitled to file as a materialman. For a little more discussion on that topic, this article should be useful: Florida Construction Liens: The “Laborer” Under Florida’s Construction Lien Law | South Florida Trial Practice. And, for guidance on Florida lien law: (1) Florida Mechanics Lien Guide and FAQs; and (2) How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid. Finally, keep in mind that it might be useful to try and force payment through invoice reminders or a Notice of Intent to Lien before deciding to file a lien claim. It's possible your employer will make payment if they know you're willing to file a mechanics lien to secure payment - and then filing a lien wouldn't actually be necessary.

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