Home>Levelset Community>Legal Help>I filed a notice to owner for job oil Florida. I worked for the general contractor and have not been paid.

I filed a notice to owner for job oil Florida. I worked for the general contractor and have not been paid.

I need some info on my rights is state of Florida. I was hired for contract labor for a job by the general contractor. I also provided for materials and paid for dumpster service for the job. The GC was suppose to pay me back but the owner has not paid him as of today so I have not been paid. I read where I had to file 40 days prior to job or if contractor has not been paid in full I could still file my notice is that correct. Do I need to wait to file my lien after the owner receives the notice. thanks

1 reply

Jul 31, 2018

In Florida, any party (except wage laborers) who does not have a direct contractual relationship with the property owner is required to serve a Notice to Owner within the earlier of 1) 45 days from first furnishing services or materials, 2) 45 days from when work begins on making specialty materials, or 3) 45 days before owner’s final payment to prime contractor. However, laborers are not required to provide the preliminary notice to owner.

It rarely hurts to send a preliminary notice (notice to owner) and both preliminary notices and notices of intent to lien can sometimes result in payment prior to the need to file a mechanics lien itself. And to the extent that you could be classified as a sub-contractor rather than a laborer, a preliminary notice would be required.

Notwithstanding any potential notices a mechanics lien in Florida must be filed within 90 days of the last day work was performed, and must be served on the property owner within 15 days of being filed.

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