Hello, I am a subcontractor. We have a NTO and a lien filed on a project here in Florida. Our GC told us today it went into litigation. We are owed a little over $5k. What's my next step? Thanks, Ellie
Once a lien has been filed, enforcement or a lawsuit must be enforced. A foreclosure action or lawsuit is the final step to take once a lien has been filed. The litigation or lawsuit outcome will be determined by a judge which may grant you the money owed and potentially allow you to recover attorneys' fees and court costs if the suit is successful. Keep in mind that this doesn't apply until the suit is complete, and in the meantime, you can still be on the hook. Unfortunately, if your suit is unsuccessful, then you will probably never get that money back.
The only thing you can do now is wait for the lawsuit to play out and a final decision to be given as to whether you will be granted the money owed to you! Good luck!
It sounds like the GC and property owner are involved in litigation. You will want to make sure that you take action to enforce your lien rights before your lien expires. I would consult with a construction attorney to determine the best time to do that.