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If I tell a the GC that we have been paid in full does that affect our lien rights?

The GC on our project will email us to ask if we have been paid for the work that was completed during the month by the sub (we are the sub-sub). They have now emailed us saying the sub informed them we have been paid in full for this project and asked us to confirm. We want to maintain a good relationship with the sub that hired us and know they cannot pay us until they have been paid, but also do not want to reply "yes" to the GC's email and have that potentially hurt our lien rights if for some reason the sub does not pay. Could replying and saying the sub has paid us in full in anyway negate our lien rights, or (as long as we don't sign a lien waiver) are we ok?

1 reply

Feb 10, 2020

The state of Florida is one of only 12 that specifically regulates the form of lien waivers. The only way to waive Florida mechanics lien rights would be to execute and sign a lien waiver that is in "substantially the same form" as that provided under Fla. Stat. §713.20. Concerning your actual response, this will ultimately be a business decision. Maintaining good relations with your clients is always a good idea. However, we always stress the importance of honesty and transparency on a job site. That being said, as long as you've complied with your Florida preliminary notice (Notice To Owner) requirements, either response will not affect your ability to file a mechanics lien. Here's some more information you may find useful:

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