Home>Levelset Community>Legal Help>I am a general contractor and need to start collection to a homeowner/client that owes me my final draw do I send notice to owner or a warning letter?
I am a general contractor and need to start collection to a homeowner/client that owes me my final draw do I send notice to owner or a warning letter?
Trying to collect final payment on a interior and exterior remodel and homeowner will not pay final invoice for completed work
1 reply
Dec 26, 2018
I'm sorry to hear you've gone unpaid - it's frustrating when you have to fight to be paid what you've already earned. For parties hired directly by the property owner, a Florida Notice to Owner is not required. Further, there's no requirement for a lien warning. However, it's still typically a good idea to warn an owner prior to filing a mechanics lien. Many claimants provide an owner with Notice of Intent to Lien prior to filing a lien claim - regardless of whether it's required - because it provides the owner one last opportunity to make payment before official steps toward recovery are taken. Nobody likes liens - for claimants, they're a pain in the rear to file, and they aren't cheap. For owners, they can be a nightmare to deal with, and removing a lien can require legal action. Thus, sending a warning shot like a Notice of Intent to Lien can help both parties avoid the nastiness of a lien filing. By letting the owner know that, if payment isn't made, a lien claim will be filed, it can light a fire under them and help compel payment without the cost and headache of a lien claim. We discuss that idea further in this article: What Is a Notice of Intent to Lien and Should You Send One? For more on Florida lien and notice law, and how to file a Florida mechanics lien, these resources should help: (1) Florida Lien & Notice FAQs; and (2) How to File a Florida Mechanics Lien.
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