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can I send a Notice to owner still?

Florida

Im a subcontractor working on a commercial job in south florida and I'm currently 3/4 in the job but I have been delayed payment for a while now. I sent them a notice to owner yesterday AUG 3, 2021 I did not send it when the project first started which was in APRIL 30, 2021 does this still matter? I'm estimated to complete the job by the end of this month or early next. Thank you for your help!

2 replies

Aug 4, 2021
Generally, you are required to deliver a notice to the owner within 45 days from putting materials on site or starting work, whichever first occurs. This would not be the case if the GC has a payment bond for the project. You should ask about this. If there is no payment bond then your notice to owner is untimely and you have no construction lien rights against the property.
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Aug 4, 2021
Hello pursuant to Florida Statutes Section 713.06, The notice must be served no later than 45 days after commencing work. Failure to timely serve the notice is a complete defense to enforcement of a lien.
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