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How can we protect our Lien/Bond rights on Rental Material/Equipment that is invoicing past Deadlines?

FloridaBond ClaimsLien Deadlines

Hello Levelset, General question - We have active rentals that are paying us rent on a monthly basis and have ownership of the material and/or equipment on the job-site. We send the notices on both rentals and sales. However, are there any deadlines that differ from first/last delivery dates on filing a lien/bond claim that would continue to protect rental materials and/or equipment we own? We have a lien deadline coming up on a rental and they have paid well to date. Just checking our rights for claims if for some reason they stop paying after deadlines expired. We rent material in all states - but this question arises from a rental in Florida. Thank you!

2 replies

Mar 30, 2020
In Florida, Your lien must be recorded within 90 days of the last day that those materials were on site and available for use. Only catch that I sometimes see is where the prime contract is terminated. Something you may never get informed of. The owner then argues that your lien was untimely because more than o0 days after prime contract, through which all liens accrue, was terminated more than 90 days prior. Feel free to contact me with any additional specific questions that you may have. Stay safe.
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Mar 31, 2020
F.S 713.01(12) defines the final finishing of rental equipment as the date that the equipment was last on the job site and available for use. The above definition applies to Florida's private and public projects. Serve your notice of nonpayment and record your lien within 90 days as set forth above. If you have further questions and wish to consult with an attorney, please give me a call at (954) 567-1778.
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