Home>Levelset Community>Legal Help>Will I be able to get a lien on the property?

Will I be able to get a lien on the property?

My company was subcontracted for a project (a hotel) in Florida by another subcontractor. We never signed a contract however. That was in December of 2019. The subcontractor has not paid us and the owner of the hotel where we worked knows that we did work there but is not willing to help to get us pay. I don’t know if we are able to get a lien on the property

1 reply

Mar 2, 2020

Florida sub-subcontractors are generally entitled to mechanics lien rights as long as they've properly sent a Notice to Owner (NTO). So, if an NTO was sent, then a sub will generally be free to pursue a mechanics lien claim. The deadline for filing that claim is 90 days from when the claimant last provided labor or materials to the project. Before pursuing a mechanics lien, though, utilizing a Notice of Intent to Lien can help with getting paid. A Notice of Intent to Lien acts as a warning shot - it lets recipients know that if payment isn't made and made soon, then a lien will be filed. Considering the customer, the project's GC, and the property owner will all want to avoid liens against the property - sending the Notice of Intent can either convince one of them to take action, or it might at least help by having one of them put pressure on your customer. Finally, for large projects, it's also common for the GC to have a payment bond. So, it may also be worth contacting the project's GC or owner to find out if a payment bond was secured for the project. And, if it was, then pursuing a claim against that bond may be yet another option.

Additional Florida mechanics lien resources

I hope this was helpful! For more information on Florida mechanics liens, the articles below should have a lot of valuable info. - Florida Mechanics Lien Guide and FAQs - How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid

0 people found this helpful

Helpful