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Notice the owner that you work there before Deadline 45 days it is indispensable?

FloridaMechanics Lien
Anonymous Sub-Subcontractor

As a sub sub sub contractor what can be done if you did not make the notice to the owner that you work there before the 45 day deadline. How to solve that if there is no direct working relationship and what needs in order to put a lien. Is that omisión very important ?

1 reply

Levelset Admin at Levelset
| 335 reviews
Jun 30, 2021

Unfortunately, under Florida's mechanics lien laws, the failure to send a Notice to Owner within 45 days of first furnishing labor or materials to the project is fatal to the party's lien rights. Unlike some states that allow limited lien protection when a preliminary notice is sent late, Florida's notice deadline does not provide such leeway.

Although lien rights may no longer be available, there are still some legal protections still available if a payment dispute arises. Most notably, claims under Florida's prompt payment laws, or claims under breach of contract or unjust enrichment.

Here are some articles that may prove useful:

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...
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