Re-Roof homeowners house and now he is not paying.
1 reply
Oct 5, 2018
I'm sorry to hear you weren't paid for your work - everyone deserves to be paid what they've earned. Before discussing lien filing, it's worth noting that a lot of contractors find sending a Notice of Intent to Lien can be very effective, and sending the Notice of Intent can be a lot less expensive (and less risky) than filing a lien. The document acts like a warning shot - it states that, if payment isn't made and made soon, a mechanics lien will be field. Considering how drastic the mechanics lien remedy can be, most homeowners take the threat of lien very seriously and will be willing to talk payment. You can learn more about it here: What Is a Notice of Intent to Lien and Should You Send One?Now, let's talk liens. I'll cover a few of the basics here, but for an in-depth look at the process, these two resources will be incredibly valuable: (1) How to File a Florida Lien; and (2) Florida Mechanics Lien Frequently Asked Questions. Of course, filing a lien can be a frustrating task, so filing a lien through a lien filing service can create a much easier experience - you can order a lien filing through zlien's Document Navigator, and there are a number of online lien filing services as well. Anyway, let's talk about some important factors that go into filing a lien. For one, claimants who do not directly contract with the owner probably need to send a Notice to Owner. For parties who do contract with the owner of the property, a Notice of Intent is not required. Importantly, the deadline to file a Florida mechanics lien is 90 days from the last date the claimant last supplied labor or materials. If this time frame passes and a lien has not been filed, the claimant will likely need to pursue some other course of action. Finally, it's important to properly calculate the amount of a Florida lien claim - in Florida, only amounts that are directly tied to the improvement of the property should be included in a lien claim. If a claimant's contract specifically allows for finance charges, those amounts can be included as well - but any extra amounts, attorney fees, etc. cannot be included in the lien claim. I hope this was helpful and that you're on your way to get paid! Feel free to come back with any further questions you might have.