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Mechanics Lien

Florida

I furnished steel and formed pool finished job middle january 2021, sent numerous times invoices to be paid. Sent prel notice to contractor and owner 3/26/21, the a notice of intent on 5/7 due to no response from preliminary notice, mailed went undelivered returned to sender and filed a mech lien 6/22 to be mailed 6/29 Are we in our rights to send They tried sending notice of intent twice

6 replies

Jun 23, 2021
You said, "Sent prel notice to contractor and owner 3/26/21...." Florida's Construction Lien Law is very specific about what has to be sent to the owner by a subcontractor - it is a statutory form Notice to Owner. Assuming that a payment bond is not applicable here, you must "deliver" the Notice to Owner not later than 45 days from the earliest date of putting materials on the jobsite or starting work. If this has not been done timely then you do not have the right to a construction lien. If you have a direct contract with an owner then a Notice to Owner is not required.
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Jun 23, 2021
I was hired by another contractor not directly with owner
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Jun 23, 2021
also in lieu of the lien then can I sue for payment thru courts
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Jun 23, 2021
Yes.
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Jun 23, 2021
Because I was under agreement with Contractor do I also sue the Homeowner or just the Contractor
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Jun 23, 2021
Generally, because your contract was with the GC your claim is limited to that company. However, if the owner has not paid the GC for work done by your company, you may make a claim against the owner for the "reasonable value" of the labor, services and materials. This is called an "unjust enrichment" claim. The top amount of "reasonable value" is limited to the amount of your contract with the GC, but if your contract was $10,000 and reasonable value is $9,000 then you are limited to the lower figure.
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