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How is the Claim of Lien used, and is the Notice of Nonpayment Due used in conjunction with the Claim of Lien?

We have a job in Florida that we are considering exercising our Lien Rights on. From our understanding, we have 90 days from the date of last furnishing/materials to file a Claim of Lien (last date 10-04-2019). Does this mean that we can file this at any time as long as it is before the 90 day cutoff? When should we file? In this case, as of today we have 59 days before the Claim of Lien is due (due 01-02-2020), according to our project page in Levelset. There is an option to file a Notice of Nonpayment Due as well, which is within the same time-frame (due 01-02-2020). How is the Notice of Nonpayment Due used in conjunction with the Claim of Lien?

1 reply

Nov 5, 2019

You probably should pull up the notice of commencement to see if you have lien or payment bind rights. A claim of lien is recorded to preserve lien rights. A notice of nonpayment is done to preserve payment bond rights. Both are governed by statute and you should preserve your rights sooner than later. It is probably advisable to consult with construction counsel to ensure you have already and are properly preserving rights to collateralize your nonpayment against real property or a bond, whatever the case may be.

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