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I’ve sent out pre-lien info, then, intent to lien information to general contractor, 2 subs, association, and all individual home owners. I did 2 4-unit buildings. Do I need to send out 8 liens or 2 liens? Next question, there are 13 of us that weren’t paid, we are labor, not a company. I and one other guy have been the spokesperson thus far. Do all 13 of us need to file the lien, or is it okay for the 2 spokes people to do it? Maybe this will be more concise this way: Question 1: On the Intention to lien document that was sent out, we said that if we weren't paid within 15 days, that we would file liens. If everyone involved has negated to pay, can we file the lien now, or is that a sort of legal promise & we have to wait the 15 days? Question 2: Do all 13 guys names have to be on the lien, or if 2 borrowed money to the others, can just the 2 be on the lien? All were employees. Question 3: There are 2 buildings, 4 units in each one. Should a lien be placed on each building for a total of 4, or each individual home owner for a total of 8? Thanks, José

2 replies

Mar 27, 2018

I'll address the above points by number. (1) In Florida, there is no Notice of Intent to lien requirement. Thus, any notice sent notifying an owner or GC of a party's intention to lien is sent purely voluntarily and should not affect a mechanics lien filing. However, if that document set out a timeframe for how long the other party will have before a lien is filed, it may be good practice to actually adhere to that timeframe. Further, if waiting to file a lien puts a claimant dangerously close to a mechanics lien deadline, it might not be wise to wait and file. (2) In Florida, work done pursuant to separate contracts must be secured by separate liens. Thus, if a number of laborers are filing a lien pursuant to work they performed under the same overall contract, one lien may suffice. However, if there are a number of laborers, each wishing to file a lien for their individual contract, each claimant might have to file an individual lien claim. This article may be helpful, though not necessarily directly on-point: Can You File a Lien While Working Under Multiple Contracts? (3) Whether one lien may be filed for multiple projects can be tricky. First, it's important to determine whether the condominiums are, in fact, multiple properties. If the buildings adjacent to each other, there's a chance that they're on the same platt and considered the same property. Searching the property records may be helpful here. If there are, in fact, multiple distinct properties, a claimant may only utilize one lien claim that spans multiple properties under the following scenario: one single claim of lien may be made when labor, services, or materials were furnished for more than one improvement under the same contract, even if the improvements span separate lots, parcels, or tracts of land as long as they're owned by the same owner. That's a lot of hoops to jump through, but again, if multiple contracts are present - one lien claim might not be appropriate. Ultimately, reaching out to a local Florida construction attorney could be helpful here considering the complexities regarding multiple claimants and properties.

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