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Mechanic's Lien for rented equipment

Florida

We are a supplier of equipment rentals and our customer is a month behind on payments so we are pulling the equipment off the job site. If the contractor doesn't allow us on the job site what our my options to force them to let us on?

4 replies

Oct 6, 2021
It would depend on what the rental agreement states. If you have the right to pull the equipment under the terms of the contract, then you can exercise that the right. If they prevent you - you are not allowed to breach the peace and get the equipment, you can call the police and see if they will escort you. Otherwise, you can file for an injunction and receive an order from the Court that allows you to recover the equipment. You may also be able to receive a writ of replevin to recover the equipment. You have some options.
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Oct 6, 2021

Chris covered the options for recovering the equipment. Have you considered just letting the equipment stay on site and continue sending the customer bills for the rental? Depending on the type of project, that might be a good strategy. For example, if this were a FDOT road project, then there is a payment bond in place which pretty much guarantees you will be paid, provided you timely served your notice to contractor on the GC.

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Oct 6, 2021
Very nice.
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Oct 6, 2021
Great advice from two masters. Mr. Cobb's point suggests the lease form ought to include a clause giving you consent to enter premises to recover the property. A;so, keep in mind, it may be the owner's property, and if the owner is presented with a firm polite letter pointing out his project is about to be liened if you don't get your equipment back, you might be given access by the owner. But I sure like Mr. Henderson's idea of collecting on that payment bond.
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