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When can I file a lien in Florida?

FloridaMechanics LienNotice of Intent to LienPreliminary NoticeRecovery OptionsRight to Lien

We did hurricane related mitigation work on properties in Florida in 2019. While our portion of the work was completed, the construction work on the home was not completed until 2020. As we did not do that work, I am not sure of the date of the completion. Our invoice for work was sent January 14, 2020. Am I still able to send an NOI and/or file a lien? The amount of the invoice is ~$43k.

1 reply

Nov 9, 2020

The deadline to file a Florida mechanics lien is generally 90 days after last furnishing labor or materials to the project. So, if more than 90 days have passed since you last did work, then the time to file a lien has likely come and gone. More on FL's lien rules here: Florida Mechanics Lien Guide and FAQs.

A Notice of Intent to Lien can be effective regardless of whether the sender actually intends to file a mechanics lien. However, threatening to file a claim when you know it's not on the table might not be particularly wise or effective.

Keep in mind that mechanics lien rights are hardly the only tools for forcing payment. If you've done work but haven't been paid for that work, legal claims may well be on the table - like breach of contract, claims under the FL prompt payment laws , etc. What's more, sending documents like invoice reminders or demand letters can help to get paid before any claim actually becomes necessary. Plus, sendng the debt to collections is yet another option when payment isn't being made.

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