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What state laws apply

FloridaMechanics Lien

I am a supplier and my material is being supplied to an inter greater who is doing a project for the owner in a different state. The work and material will be shipped to FL but the project is being done for the owner in GA (two different companies). What state laws do I follow and, can I actually secure lien rights on this type of project. Thank you

1 reply

Mar 14, 2018
This is an interesting situation. Ultimately, mechanics lien rights are available as a remedy for those providing labor and/or materials that improve property. If all requirements are adhered to, mechanics liens attach to the property which is improved. Thus, regardless of where companies or individuals are located, to preserve lien rights, the mechanics lien laws of the location where the improved property is located are the ones that will apply. As for whether securing lien rights will be an available option - both Florida and Georgia provide lien rights for those who furnish materials for a project under contract with a GC or a subcontractor. Of course, the preliminary notice requirements will vary depending on the state, and those requirements can be found here: Florida and Georgia.
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