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Can we still file a lien? Or send the customer to collections?

We have not gotten paid on this job, which was completed in May 2019. It was being handled by our attorney who filed against the insurance company. There ended up being no coverage for this claim. We still have an outstanding invoice and the homeowner is not responding. The lien deadline passed. What can we do?

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Mar 9, 2020

Florida, like most states, takes its mechanics lien deadline seriously. So, if more than 90 days have passed since the last furnishing date, then a Florida mechanics lien filed late will be invalid and unenforceable. With that being said, there are some other tools that might be helpful for recovering payment. We'll explore some options in-depth below, but this article should be helpful: Can’t File a Lien? Here Are Some Other Options For Recovery.

Recovery tools outside of the mechanics lien process

For one, "unofficial" recovery methods might help. Sending invoice reminders reminding a customer that they still owe payment could be enough to prod them into doing the right thing and paying what they owe. Alternatively, going with something a little bit stronger - like a payment demand letter - could be effective as a more forceful approach. Taking more official action could get the job done, too. Anytime payment isn't made, as required, legal claims may be available. Breach of contract claims, prompt payment claims, or others may be on the table. Though, to best assess what options are on the table, it'd be wise to consult your attorney or another Florida construction attorney to see what course of action makes sense. Though, for claims under $8,000 (recently raised from $5,000), proceeding in small claims court might be an option for streamlining the dispute and keeping the attorneys (mostly) out of it. Finally, keep in mind that sending a debt to collections might be an option, too. And, if that's an enticing option, you can reach out directly to a collector, here: Construction Collectors in Florida.

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