I sent a notice of intent Reference number 2718883 to my customer, I dont want to lien him in 10 days.
I hope the actual lien will not automatically be filed, please advise.
1 reply
Sep 25, 2019
No, a lien will not automatically be filed after sending a Notice of Intent to Lien. There are only a handful of states, 10 to be exact, that actually require a Notice of Intent to Lien before filing a mechanics lien.
For the rest of the states, including Florida, this is merely an optional tactic to induce payment before having to file a mechanics lien on the property. Sending one to the customer or owner will not affect a contractor's rights or deadlines to file a mechanics lien.
Keep in mind that in Florida a mechanics lien must still be filed within 90 days after the last furnishing of labor or materials. This is a hard deadline, missing this will be fatal to mechanics lien rights. Consider a Notice of Intent to Lien as final payment demand, indicating that you know your rights, and you are willing to enforce them through the filing of a mechanics lien. Sending such notices is usually enough to convince customers to release the payment.
Here are some blog posts you may find helpful: (1) What is, and Should I Send a Notice of Intent to Lien? & (2) How to File Florida Mechanics Lien | A Step-by-Step Guide.
Or you can check out our video on What is a Notice of Intent to Lien?