Home>Levelset Community>Legal Help>In Florida, is there a law stating having to file non-pymnt notice within x days to protect overall project lien rights

In Florida, is there a law stating having to file non-pymnt notice within x days to protect overall project lien rights

With there being different lien laws and non-payment notices in each state; can you inform me of the requirements in the following states in which there is a requirement to file a notice of non-payment within a certain number of days of the payment request; which protect the projects overall lien rights through to receiving total final [ayment? the following states information is needed: Georgia Florida Alabama South Carolina North Carolina Texas District of Columbia (DC) Thanks

1 reply

Jul 9, 2020

You're absolutely right that mechanics lien laws can vary quite a bit state-by-state. Every state has different rules on things like preliminary notice requirements, Notice of Intent to Lien requirements, and lien deadlines, to name just a few key topics. If you're interested in learning about which states require that a Notice of Intent to Lien be mailed before a lien gets filed, this article should be useful to you: What is A Notice of Intent to Lien And Should I Send One? Though, it's worth noting that none of the states you mentioned require a Notice of Intent before a lien is filed. Still - a Notice of Intent to Lien can really help to make sure you get paid by letting others on the job know that you're unpaid and will opt to file a lien if that continues. If you're interested in learning about what preliminary notices are required before a lien claim can be filed, Levelset actually has FAQ pages that provide detailed breakdowns for the notice rules in every state. I'll provide links to those below since they're much more informative than I could be here. For a macro view on which states simply require some form of preliminary notice, here's a really useful map: Map of Preliminary Notice Requirements Across the United States. Of the states you mentioned, every state has notice requirements - other than Washington DC, which has none. Here are those pages I mentioned above: - Georgia Preliminary Notice Guide and FAQs - Florida NTO Guide & FAQs - Alabama Preliminary Notice Guide and FAQs - South Carolina Preliminary Notice Guide and FAQs - North Carolina Preliminary Notice Guide and FAQs - Texas Preliminary Notice Guide and FAQs - Washington DC Mechanics Lien Guide and FAQs

1 person found this helpful

Helpful