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Do I still have to get a release of lien from a general contractor if they did not file a timely NTOin Florida?

FloridaConstruction ContractLien DeadlinesLien ReleasesMechanics Lien

If my contractor sends an NTO in florida for the buildout of the inside of a restaurant 7 months late, will he still have the right to lien? I am the tenant to a county owned building and I hired him to do the project. He did not fully complete the scope of work and I paid him in full, but he is claiming unnecessary costs to try and keep me from progressing with a new contractor I am ready to hire.

2 replies

Sep 16, 2020

If the NTO was late, then likely the GC would not have a lien on the landlord's property, though he may have a lien on your interest in the property because he is directly in contractual privity with you. There is also a separeate statute in the lien law--713.10--that deals with liens for tenant improvements. So depending on whether he followed that statute could also impact his lien rights. 

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Sep 16, 2020

Since you hired the contractor, he does not have to serve a notice to owner. You already know who he is because you hired him. Notices to owner are for the subcontractors and suppliers who you did not hire, but who are hired by the contractor or a subcontractor. The real question is, how long has it been since your contractor has done work on the project? Measure 90 days from that date, and that is his deadline to record a lien. Now, having said that, since the building is county-owned, the only thing the contractor can lien is your lease interest. In fact, it's not even clear you can lien a lease interest in a government-owned building. So I would not be overly concerned about getting a lien release from the contractor. But understand the contractor may record a lien, file suit to collect, or both. But none of these possibilities would prevent you from hiring a new contractor to complete the project. Just make sure you send proper notice under your contract before terminating your current contractor.

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