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Do I file a mechanics lien to uphold a payment plan?

FloridaMechanics Lien

I have a client who is requesting a payment plan for the last payment of my contract. How do I provide a payment plan without waving my rights of filing for a lien if it goes past the 90-day requirement in Florida?

1 reply

Nov 1, 2021
You cannot extend the 90-day deadline unless you file an amended lien within that period which shows a later date of the final furnishing of labor, services and materials than the initial lien. Of course this must be factually correct because the lien is signed under oath. I strongly recommend that you file your lien and do not release it until you have been paid in full. The lien is the security for you getting paid. Remember that unless you institute legal action on your lien it will expire one year from the date of filing. You payment plan should be much shorter than that period so that you have time to engage with an attorney and do all things necessary to file the lawsuit timely.
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