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Why would I be liable if I pay my contractor and he doesn't pay his supplier who delivered to his warehouse and never se

FloridaMechanics Lien

I have hired a company to install hurricane windows. I received a certified letter from their window supplier saying that even if I pay the contractor, if the contractor doesn't pay them, I could have a lien put on my property. Why must I be held liable if I can prove payment and the window manufacturer was contracted by, and delivered directly to the installer.

1 reply

Nov 19, 2019
It sounds like you may have received a Florida Notice to Owner, which is generally sent by certified mail. Preliminary notices were actually created for the benefit of the property owner. Every state provides mechanics lien rights, in some form or fashion, to subcontractors and suppliers who perform work on privately-owned construction projects. But, to ensure an owner wouldn't face a mechanics lien coming out of nowhere, most states require subcontractors to send a notice to the property owner before enjoying lien rights. That way, the owner knows who all is working on their property and who all might be entitled to file a lien, if things go sideways. With that information in hand, an owner can take the necessary steps to ensure everyone - not just their contractor - gets paid on the project (like by collecting lien waivers). And, when everyone's paid, no one will have lien rights. For more background on the history of mechanics liens and why lien rights exist at all, these resources should be helpful: - A Short History Of The Mechanic Lien - What Is a Mechanics Lien? A Practical Definition for the Construction Industry
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