I'm not sure I fully understand your situation, but here's some information that might be valuable for you:
Florida's Notice of Commencement requirement
Generally, filing a Notice of Commencement is the owner's job on a Florida construction project. And, a Florida contractor or sub will be entitled to file a mechanics lien regardless of whether a Notice of Commencement was filed. More on that here: Florida Notice of Commencement FAQs & Guide.
Florida's Notice to Owner requirements
Florida lien claimants who were hired by someone other than the property owner must generally send a Notice to Owner in order to preserve the right to file a mechanics lien. And, the deadline for the Florida Notice to Owner - 45 days from the first furnishing of labor or materials - is very strict. Failure to send a timely notice, when required, will result in the loss of lien rights. More on that here: Florida NTO Guide & FAQs.
Threatening to file a mechanics lien may be enough to recover payment
Before resorting to a lien claim, using a less-formal recovery option might be helpful. Documents like invoice reminders, demand letters, and Notices of Intent to Lien can all lead to payment without the need for an actual lien filing.
Florida mechanics lien rules and deadlines
Florida also has a strict deadline for filing mechanics liens. Lien claimants must file their liens within 90 days of last furnishing labor or materials on the project. And, if this timeframe comes and goes without a mechanics lien being filed, then the ability to lien will very likely be lost - and other optionsfor recovery may be more fruitful. More on Florida's mechanics lien rules here: Florida Mechanics Lien Guide and FAQs.
I hope this was helpful information!
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
0 people found this helpful
Helpful
Other questions about Notice of Commencement in Florida