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Should I file a Notice to Owner or a Notice of Commencement in Florida?

FloridaPreliminary Notice

I am a subcontractor working on an FDOT (Florida Department of Transportation) contract in Florida. My customer is a General Contractor who provides Asphalt/Construction on Florida Highways and my business is to provide sodding for this contracts once construction is complete. Since this is a subcontract to a contract that is state funded, am I required to, or even allowed to serve a Notice to Owner, or file a lien for non-payment?

1 reply

Jun 25, 2021
The project should have payment bond to which any claim you have attaches if you follow the requirements of the law. You cannot lien public property. This is a complicated area of the law so I recommend that you consult with a lawyer about your particular situation and what you must do to protect yourself. Section 255.05, Florida Statutes, applies directly to your situation.
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