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Project is still on going but it's been over 90 days since my customer last ordered materials, do I need to send a new notice?

FloridaPreliminary Notice

I am a material supplier working on a job in Florida. I sent a notice when my customer first ordered materials in August, and my 90-day mechanic's lien deadline is coming up. They paid, and there are no outstanding bills, but they will be placing another order on the job in the future. Since the 90-day deadline will have lapsed when they place the next order order, do I need to send a new preliminary notice to make sure I'm protected?

1 reply

Oct 31, 2017

Provided it is still the same project/work of improvement, a claimant is only required to provide one preliminary notice to remain protected for the entire job. The deadline by which a lien must be filed is 90 days from the last day the claimant furnished labor or materials, so another delivery of materials to the same project would extend the deadline to file a lien for another 90 days - which would enable a lien to be filed for any outstanding amount, even if the first delivery of materials was more than 90 days from the last delivery of materials. In this case, since the customer is all paid up, that likely wouldn't matter with respect to the original delivery, but the subsequent delivery is still protected and may be liened - provided the original preliminary notice met the requirements.

However, if the work is a new project - just with the same customer - a new preliminary notice would be needed to protect lien rights on that project.

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