Home>Levelset Community>Legal Help>I worked for a GC in Florida. I was the project manager on the job and have not been paid for expenses, services and materials paid for on the job. The owner has Never made the final payment the the GC and don't know if they are. I sent out a notice to there owner and the GC today. Do I have to wait to file my lien? I have blank lien. Do I sign and sent to the county of records to have recorded and do I need to send to the owner also.
I worked for a GC in Florida. I was the project manager on the job and have not been paid for expenses, services and materials paid for on the job. The owner has Never made the final payment the the GC and don't know if they are. I sent out a notice to there owner and the GC today. Do I have to wait to file my lien? I have blank lien. Do I sign and sent to the county of records to have recorded and do I need to send to the owner also.
Questions about filing the lien. I sent owner a notice and also to the GC. When can I file my lien and where do I send it to? The owner has been paid for the insurance company all the funds but has not paid the GC so I have not been paid.
1 reply
Jul 31, 2018
As you have determined, the first step to protecting lien rights on projects in Florida is often sending the notice to owner. 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. Note that the deadline is the earlier of those dates, not the latest of those dates. The notice to owner should be sent by registered, Global Express Guaranteed, or certified mail, with postage prepaid. In determining deadline compliance, the notice to owner is considered delivered at the time of mailing only if the notice is sent within 40 days of first furnishing labor or materials, otherwise, the notice is considered served on the date of receipt.
Additionally, if the contractor posted a payment bond, and the property owner recorded the bond with his Notice of Commencement, all lien claimants who did not contract directly with the owner must serve the contractor a Notice to Contractor within 45 days of the date on which they first supplied labor or materials.
Regarding the lien claim itself, Florida law requires that all lien claimants file their mechanics lien within 90 days of the date they last supplied labor or materials. And filing is not the last step, the lien must also be served on the property owner within 15 days of being recorded.