Can I require client to pay for my cost in filing and releasing lien in addition to contracted amount ?

3 weeks ago

Hello,

We just filed a lien for $2,000 on a commercial property owned by Sears. We completed an ALTA/NSPS Land Title Survey per our contract, however they have not paid even after multiple attempts to collect payment. I would like to know if/when they do pay the $2,000 for the original contract, can I also require the cost incurred for the filing of the lien as well as the cost to lift the lien before I actually remove the lien?

Thanks so much

Senior Legal Associate Levelset
95 reviews

As you may know, filing fees, attorney fees, etc. cannot be directly included in a Florida mechanics lien claim. Rather, the only amounts which may be included in the lien are amounts relating to the work performed. Further discussion here: Can I include attorney’s fees, collection costs, or other amounts in the Lien total?

However, when negotiating payment for the release of the lien claim, it’s possible – and even common – for a lien claimant to demand that their customer pay the costs associated with filing their lien and otherwise pursuing the debt. So, ultimately, whether or not the costs and fees associated with filing a lien can be recovered is ultimately up to the negotiation between the parties.

Further, if the dispute makes its way to the courtroom, there’s also a chance that a prevailing lien claimant would be awarded the costs and fees associated with bringing that claim.

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