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Can we file a lien under conditions described below?

We are the Company that was responsible for the build out of a store. The GC we hired managed his own sub contractors while we were the suppliers of the Millwork and hired other contractors directly. We have signed an additional Agreement on Feb 1st with the owner of the store to build and install an ADA counter required by the city and close the permit and obtain CC for the store against payment of the outstanding balance on the contract. We have fulfilled both these obligations the first for the ADA counter on Feb.9th and closed inspection and permit with final issuance of CC on the 28th of Feb. However the store owner does not want to pay. Can we file a lien for the work we did? Thank you

1 reply

Mar 7, 2018

In Florida, lien rights are broadly available to those improving property. They are available to contractors, subcontractors, sub-subs, laborers, material suppliers, and professionals (such as architects, landscape architects, interior designers, engineers, surveyors or mappers). Also, for purposes of the Florida mechanics lien act, a "contractor" is any person (other than a materialman or laborer) who enters into a contract with the owner of real property for improving it. Anyway, a party in direct contract with the owner may "have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienor’s contract." Such a lien must abide by Florida's mechanics lien requirements though - including the deadline to file. Florida law requires that all lien claimants file their mechanics lien within 90 days of the date they last supplied labor or materials. It's worth noting that if work was done pursuant to two separate contracts, two separate liens may be necessary - and the work, deadlines, and any other requirements may need to be considered separately and apart from each other as well.

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