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DO I have legal recourse in Florida if my business is in another state?

KansasLawsuitMechanics LienPayment DisputesRight to Lien

My company is in Kansas and a customer in Florida is refusing to pay an invoices for the products we supplied to him. He says he's going to pay but after nearly a year he has not yet paid. Do I have any legal options in Florida since I'm a vendor from out of state?

1 reply

Feb 3, 2020
The remedies available to revoker the amount owed for Florida projects are generally governed by Florida law. When property in Florida is improved, the parties providing labor or materials to the project are generally provided mechanics lien protection - but in order to benefit from that protection the lien and notice requirements must be met. While notices are not required from parties who contracted directly with the property owner, the lien deadlines still apply. In Florida, mechanics liens must be filed within 90 days of last furnishing labor or material to the project. However, even in the event that mechanics lien protection does not apply, there are still potential avenues to recover. A lawsuit can be commenced to recover the debt - the cause of action may be breach of contract, or/or in addition to, other claims. Generally, the law governing the action and the venue for suit will be the location of the delivery of the materials and where the defendant is located, absent other considerations. However, there may be certain clauses in the contract between the parties that specify where any disagreement should be adjudicated and pursuant to which laws. You can find a Florida attorney that may be able to assist with making a claim for the amount due here, or on a state or local bar association website.
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