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What if I am dealing with a broker?

FloridaMechanics Lien

If I am dealing with a broker that is buying products from me such as fill dirt. What is the proper way to file a notice to owner. I am concered since they are a broker that filing a Notice to owner may not ensure I get paid.

1 reply

Jan 27, 2020
The main issue for material suppliers like you is to make sure that the products you sell actually make it to the job site. If you're delivering the materials, then you already know what makes it to each job site and when. If you just give them to your customer who then handles delivery, you have to get the job site information from the customer in order to be able to serve an NTO. All the NTO does is ensure that you have preserved your lien rights, though it often will also ensure that you are paid out of any upcoming construction draws. My recommendation would be to get job site addresses from your customer and send NTOs on every project. That way if something goes sideways down the road, you are protected and can file a lien if necessary. You may also want to consult with an attorney on contract terms that you can use to put together a short contract/order form that provides you with some protections if someone fails to pay you.
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