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Lawsuits in Florida

Florida

About to sign a contract with GC in Florida, no direct contract with Owner. Our contract with GC includes Pay-IF-Paid terms. Our atty here in Tx did not know if you could sue an owner without a direct contract with them. Before we sign this contract with the GC, we'd like to know what recourse we have if GC doesn't pay.

3 replies

Oct 20, 2021
You may file a construction lien foreclosure lawsuit against the owner without suing your contracting party. I caution that the relief might not be complete if there is a big first mortgage and not enough equity to cover the debt owed to you and legal expense. You cannot get a money judgment against the owner unless you have a direct contract with the owner. Under these circumstances you must be careful to make sure that your lien rights are perfected.
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Oct 20, 2021

That's a great question, and it's a common one for contractors working in FL. I agree with Raymond - a pay if paid clause with your GC shouldn't impact your ability to pursue a mechanics lien filing (and lien enforcement action, if necessary). This is because a mechanics lien runs against the project property, itself - it's not a claim for payment against your GC. Granted, if a lien does get filed, the GC will likely remain pretty involved in resolving the dispute.

Note also that FL pay if paid provisions aren't always totally binding if the pay if paid language isn't clear enough. Levelset discusses that in greater detail here: Florida “Pay-When-Paid” & “Pay-If-Paid” Clauses.

If you have other questions about mechanics lien rights in FL, these resources will be useful:

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Oct 20, 2021
Thank you for your quick response. This will help us determine how to move forward. Thanks again!
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