We are a water mitigation company working Hurricane Ian. What are the proper steps from start to finish for notice/lien filing in Florida? We are working directly with the homeowner in most cases, or with the property manager/HOA rep in a few. Is a Notice to Owner required? If not, is there any other notice that needs to be sent out? We want to make sure we are doing the initial filings correctly so there is no issue if we have to file liens later down the line.
That is a good idea to scale your operations to ensure payment after a job well done and incorporate a general flow chart for the lien process as specifically applied to your business.
No two businesses are alike. Your organizational philosophy, appetite for risk, whether commerical or residential, whether insurance is involved, and other considerations all impact the steps a contractor can or should take and impact the flow of a contractor's decision-matrix and payment rights flow chart. Lien laws are complicated and a lien is only one way to help secure payment. As much or more attention should be spent on core contracts. contract Speak with a licensed Florida attorney who can take a holistic approach to help scale your operations from bid/quote to contract award and through final payment collection.
If you are working directly for the property owner, you do not need to send a notice to owner. If you are contracting with an HOA to do work on homeowners’ properties, send a notice to owner to the owner of each property you’re working on. Use a Notice Service such as Sunray. They know exactly how to do this.
Also, make sure all your contracts are in writing and signed by the homeowner.