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How to file Mechanic's Lien

I did a project for a client in Miami, FL. I started the job in Oct./2019 and ended in Feb./2020. I had a Sole Proprietorship based in NY. She wired $35k into Claudio Ziegler Designs bank account. No other payments were made. In Nov./2019 I incorporated under ZS Interiors, Inc. We never signed a formal contract, it was all verbal agreement. Should I file the Mechanic's Lien in my name Claudio Ziegler or ZS Interiors, Inc.?

1 reply

Jun 24, 2020

Unfortunately, I don't believe there's any cut and dry answer to your question since it's such a rare and unique situation. Still: if a mechanics lien is filed, that lien should be filed in the name of the party who performed the work. If the name of the business changed throughout the project, then indicating that information on the lien claim might be a good way to ensure that the lien properly reflects who's making the claim. To be sure: Fla. Stat. § 713.08(1)(a) states that "The name of the lienor," should be included, but no more detail is given on how that name should appear. Note, though, that the Florida lien statute does provide some leniency. According to § 713.08(4)(a), minor errors which don't prejudice the owner won't ruin a lien claim. So, including both names to avoid confusion should be an acceptable approach. For further discussion on Florida's lien laws: Florida Mechanics Lien Guide and FAQs.

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