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Lien filed after 90 days

FloridaLien Deadlines

Good Morning, On this specific project we are due a change order and retainage. For months the GC told us they would be receiving retainage soon. We also have one change order request for work done they had not issued a CO to us. Now they have told us they recently filed a lien against the owner and told us we could do the same if we wished. It is 120 days past our time and we filed a lien for the retainage and the change order request. I have received it back from recording and am a bit hesitant now to send it out due to what response or recourse it may have due to it being after 90 days. Nothing is exaggerated in the Claim of Lien yet I don't want to be accused of filing a Claim falsely due to the time frame. I just wanted it to get noticed we are due $200K. Should I mail it out or just send a demand letter and file a Satisfaction?

1 reply

Apr 24, 2020
A lien recorded greater than 90 days after your last date of work is improper. Be sure to always keep track of these dates and deadlines. A satisfaction of lien must be recorded when either the lien has been paid in full or you find that the lien is improper and that an amendment to the lien would not fix the issue. Just because a lien is no good does not mean all hope is lost. There is still a breach of contract action available against your customer and an unjust enrichment claim against the owner (if the owner has not paid the prime contractor for the work you did).
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