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Home>Levelset Community>Legal Help>May a sub-contractor on a private construction job pursue a notice of non-payment and file a mechanic's lien on a project at the same time, or are they mutually exclusive remedies?

May a sub-contractor on a private construction job pursue a notice of non-payment and file a mechanic's lien on a project at the same time, or are they mutually exclusive remedies?

FloridaBond ClaimsLien DeadlinesMechanics LienPreliminary Notice

We are a provider of flooring goods and services to the multi-family industry in the Southwest. A key client has asked us to provide goods and services to a new construction project in Florida with an initial value of $400,000. We have licensed ourselves to do business in Florida, but as the one responsible for contract compliance in our organization I am not familiar with the Florida property code and its lien statute requirements. We are just now negotiating the contract and work has not started. I would like to know some of the "rules of the game" beforehand so that we can remain compliant and protect any rights we may need down the road.

1 reply

Oct 31, 2017
Whether a mechanics lien or notice of nonpayment is the ultimate vehicle for protection and recovery of any unpaid amounts depends on whether the project has a payment bond. An owner can protect the property and shield the property from being encumbered (and even sold) by a mechanics lien by obtaining a payment bond of a sufficient amount. If the bond is obtained, the avenue for recovery is by making a claim against the bond.

Both mechanic liens and bond claims (notices of nonpayment) on Florida private projects have preliminary notice requirements, generally 45 days from first providing labor or materials. The rules for making a claim on the bond through a notice of nonpayment are set forth generally in § 713.23. More information regarding lien law and notice / lien requirements in general can be found here: https://www.zlien.com/mechanics-lien/florida-lien-law-faqs/
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