Home>Levelset Community>Legal Help>FL Lien Deadline

FL Lien Deadline

We are a GC working in FL of which the last phase of the contract has been put on hold by the owner. We are not sure when/if this last phase will be done, therefore, are leaving the site by the end of July until further notice. Would we have a lien deadline 90 days of July 31 or is contract still figured as ongoing until determination is made?

1 reply

Jul 9, 2020

As you know, Florida's mechanics lien deadline is 90 days after last furnishing labor or materials, or 90 days from termination of the original contract - whichever is earlier. When a lien deadline is based off of last furnishing, work stoppages can be tricky. If work resumes, then the deadline would probably get pushed back. But, if work doesn't resume, the clock begins ticking once it stopped - regardless of whether the intention was to resume work. So, if there's a stoppage, it's important to keep an eye on the calendar. Even if everyone plans to start work back up at some point, lien rights would be put at risk if that 90-day window closes. If the relationships are strong on the job, it could be an opportunity to enter into some other form of payment security, as discussed here: Don’t Want to File a Mechanics Lien? Here Are 5 Other Options For more discussion on Florida mechanics liens: Florida Mechanics Lien Guide and FAQs.

1 person found this helpful

Helpful