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How do I protect lien rights when prime contract is a tenant?

5 days ago

I’m a GC in Florida and recently contracted with a tenant to build out their office. The landlord is not a property to the contract and therefore I’m not sure if we would have any lien rights. Do I need to contact an attorney for an answer to this question or is it a fairly simple solution? Assuming there is a solution of course.

Thanks

Additional info about this contractor
Project Role: General Contractor
Project Type: Commercial
Attorney Dinsmore & Shohl LLP
57 reviews

It depends. Florida Statute 713.10 deals with tenant improvements. Depending on the language of the lease, you may have a right to lien the property outright, or you may need to send a notice to owner. The safest course would be sending the notice to owner regardless. You can consult with an attorney to discuss what other rights you might have against the landlord or tenant. Feel free to reach out if you have any other questions. 

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Anonymous

Thank you Jason. I have reached out to an attorney to figure out other ways to reduce my risk.

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