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Does an unlicensed window installer have lien rights?

Trying to find out if unlicensed window installers demanding final payment prior to completion and final inspection have lien rights. Company A are unlicensed installers that we paid 50% upon order of windows. Total price includes old window removal and installation of new windows with balance due upon completion of installation. Foolishly we paid the 50% without getting a partial release of lien. Company B is the Certified Building Contractor on the master permit. Company B also provides the insurance. We have had no contact with Company B. Company A just served the NTO on 1/25/20. 12/5/19 was the first day Company A came on premise to start work. Is this a valid NTO?

2 replies

Feb 4, 2020

Florida mechanics lien claimants will only need to be licensed if their work specifically requires licensure. And, not all trades and specialties will require licensure. I'll be the first to admit that I'm no expert on Florida's specific licensure requirements - but, according to this question and answer from the Florida Department of Business and Professional Regulations' site, it appears that licensing for window installation might actually be voluntary. Though, reaching out directly to the DBPR yourself might provide some clarity there. Or, consulting with an organization like Licenses, Etc. might be beneficial. Regarding the NTO - keep in mind that the deadline to send a Notice to Owner in Florida is 45 days from first furnishing labor or materials. So, if a contractor or subcontractor has sent a Notice to Owner within that 45 day period, then their NTO would be valid.

Notice to Owner is not a claim or a cause for concern, in and of itself

As a final note, keep in mind that, unless there's some other payment dispute or issue at hand, receiving an NTO shouldn't be any cause for concern. In actuality, preliminary notices are intended to help recipients like a GC or owner. When they're sent, the highest tiers of a construction project benefit from better transparency and communication on the job - making it easier to avoid payment disputes. So, unless there's some other issue going on, the receipt of an Notice to Owner shouldn't serve as a red flag. Levelset discusses that idea further here: The Top 5 Reasons You Should Love to Receive Preliminary Notices.

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Feb 4, 2020

Thank you for the information. I was finally able to find the licensing information on Florida DBPR's site. In case anyone else may want to know, below is from their FAQ page: 'Do I need a license to install/replace windows? Yes, the Construction Industry Licensing Board determined window installation and replacement requires either a general, building or residential contractor license or a local license which includes window installation and replacement in its scope of work. In addition to those licenses, a certified glass and glazing specialty contractor may also install/replace windows.'

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