Menu
Home>Levelset Community>Legal Help>Can I use the change order received date as job end date? Should I file a lien notice?

Can I use the change order received date as job end date? Should I file a lien notice?

FloridaChange OrdersLien DeadlinesNotice of Intent to Lien

We are a subcontractor on a large industrial project. The last day we were on site was at the end of May 2021, however, we did not receive a final change order until 08/10/21. We billed the job 100% including retainage when we received the change. I added the end date on the project as 05/30/21 when we received the change order and the notice of lien is due 08/30/21. There are no outstanding unpaid invoices on this job except for the 100% bill and retainage sent last week. Are we able to use the date we received the change order as the end date on the project? Should we file a lien notice on the due date of 8/30 given the only invoices unpaid are 3 weeks old?

5 replies

Aug 18, 2021
I am assuming that a payment bond is not in place. Let's define the terms. If you do not have a direct contract with the property owner you must deliver a "Notice to Owner" within 45 days of putting materials on site or starting work, whichever first occurs. You must file a construction (claim of) lien in the public records of the county where the property is located within 90 days of completing the contracted scope of work. Did you do a notice to owner? I will be able to give you some advice based on your answer to this question.
0 people found this helpful
Helpful
Aug 18, 2021
Yes, I filed the "notice to owner and contractor" on 2/17/21 (5 weeks before the deadline).
0
Report Spam
Aug 18, 2021
File the lien now for any amount that is due and owing for work in place.
0 people found this helpful
Helpful
Aug 18, 2021
How would this factor into receiving & billing out the change order close to the 90 day completion date?
0
Report Spam
Aug 18, 2021
You have the right to lien for unpaid work in place the day after it is done. The key words are "unpaid work in place."
0 people found this helpful
Helpful