We work as subcontractor , under the General contractor on commercial jobs in Florida. We always file our NTO as required, but these jobs all hold 10% retainage until entire project is 100% . This is usually several months ( 3-6) after we are done with our work. How do i protect our retainage without having to file a lien? i know i only have 90 days to file a lien from the last date we provide work or material at jobsite? If we file lien it causes problems with GC, but we need to be protected.
The short answer is, you don't. You have to file the lien within the 90-day period from your last work on the project. There is no exception to that rule for retainage. If the GC doesn't want you to file a lien, then they need to ask the owner to release your retainage early and put in a draw for it. If you are an early sub (foundation, masonry, etc.), many owners will do this so long as your work is complete and has been signed off as complete.