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Enforcing a lien in Florida

Florida

We built equipment for a client in Florida. They have not paid us. The equipment specifically built to their design is at our subcontractor's site. We have not been able to install the equipment on site because clients plans have changed. We filed a lien on their building where the equipment was going to be installed. They have now come back and said "In particular, with respect to Eustis, our counsel has advised that because CV did not actually contribute labor or materials to the property (e.g. installing the generator), this lien is almost certainly invalid. CV must discharge this lien immediately by recording suitable documentation pursuant to Section 713.21 of the Florida Statutes. If CV fails to immediately discharge this lien, MedMen and its landlord may be forced to bring legal action against CV for slander of title and related claims. " Can they do this, please?

2 replies

Sep 1, 2020

You need to contact an attorney ASAP. Just because you never got to install the equipment, doesn't mean you don't have lien rights, especially for specially manufactured goods. Further, the fact that there is a landlord tenant relationship involved in this makes the determination of your lien rights even more complicated. You should definitely consult an attorney to see what to do next.

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Sep 1, 2020

This description raises a number of additinal questions. The initial response is correct, not having installed the equipment does not necessarily mean that you have no lien rigjts. Consultation with an attorney familiar with Florida construction liens is necessary

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