Hi, im a general contractor (which I think) and I own a skid steer and dump truck business. I spread recycled rock for a parking lot for a RV storage company. He did not have enough aggregate and blamed me that it didnt stretch enough, and its my fault. Which than he threatened to not pay my hourly wages unless I fixed it or "finished the job". The jobs finished on my end. I also did extra for the guy. The guy was getting aggrivated cause my schedule was to far out to come back out and now hes not paying me. Ive sent plenty of emails and reminders of the invoice. So now I believe a Notice to Owner is next. Questions: Am I General Contractor or a Laborer Since im payed hourly? Even though to him the projects not done, he needs to pay me right? It was all a verbal agreement that I was payed hourly. There was nothing said that I had to complete his project. If I was to Lien his property does he have to pay for my fees when he decides to pay? Its only a $980.00 invoice. I still would like my money. Anywho im not much of a writer so I apoligize for any misunderstandings. Thank you for your time.
Parties hired directly by the property owner are generally considered "direct contractors" in Florida, and direct contractors aren't required to send Notices to Owner ("NTOs"). So, if you were hired directly by the owner, chances are that an NTO isn't required in order to proceed with a mechanics lien later on. Plus, even if you weren't considered a direct contractor (which, based on the above, seems unlikely) - parties who perform labor or services for hourly pay will be considered a "laborer" as long as they haven't furnished materials or labr service of others. And, as you may know, laborers are not required to provide NTOs, either. Still, some FL construction businesses believe that sending an NTO can help with forcing payment, regardless of whether it's required.
A more pointed notice to force payment might be a Notice of Intent to Lien. A Notice of Intent to Lien isn't a required notice, but it's one that can be really effective to convince a customer to pay what's owed. It essentially states that if payment isn't made soon, then a lien will be filed. More on that here: What is A Notice of Intent to Lien And Should I Send One?
As for the project's completion - FL lien claimants don't have to wait until after project completion in order to file a mechanics lien claim. So, even if the project were officially incomplete, a lien wouldn't be premature. And, considering there's dispute over whether the work is complete (as originally agreed upon), the owner seeing the work as unfinishined shouldn't block a valid mechanics lien filing.
Finally, regarding the lien amount - Florida mechanics lien claims are generally limited to the amount owed for the work provided. Lien claimants shouldn't include charges like interest, filing fees, or attorney fees with their lien claims. But, with that being said, everything's a negotiation - and it's common for lien claimants to demand the other side pay for their filing fees on top of what's being claimed on the lien.
For further discussion on Florida lien rights: Florida Mechanics Lien Guide and FAQs.