I'm a design consultant and project manager in Fort Lauderdale. We finished a project for a civic association board. As per our contract the balances due were to be paid upon completion. We completed a final punch list and a satisfactory final walkthrough. It has been over six months and we have not received payment despite our third billing invoice. I sent a notice of intent to lien via Levelset but that too was ignored though we received USPS notice of delivery more than 12 days ago. I would like to know what my next step would be to collect payment in the amount of $14.890.00 I understand that theft of services over $10K in the state of Florida is considered a crime. Should I proceed to file lien, or go directly to the police and file a report?
Under the facts described, this is not a crime and you will likely not have lien rights. I would need additional facts about your situation to advise you further. You have options, but without knowing more about the work you did, who the "civic association" is, whether this is a public or private project, etc., it is not possible to advise you properly.
The lack of sub lien releases may be why the association withheld payment, but that is not what will cost you your lien rights. As Andy noted, you have 90 days from final completion to record your lien. At six months, you are well past that deadline. But you may still have a claim against a bond or, failing that, against the association for breach of contract. You should consult an attorney (yes, pay for a consultation) to better understand your options.
My point is, a lien has to be filed within 90 days of the last performance of work on the project. Your question suggests the work has been complete and not paid for, for 6 months. If that is true, it would be too late to file a lien. However, if you’re recovering from an Association, the Association has assets and may well be collectible by simple civil lawsuit for breach of contract.
I’m very confused about your role on this job. I gather you’re some kind of design/build CM, and the association hired the trades directly. If so, then they’re not your subs and I don’t see why you would owe the owner evidence of payment of the trades.
If you hired the trades directly, the trades owe you lien releases when you pay them, and a GC shouldn’t hand a sub a check without getting a lien release handed to the GC simultaneously.