Will sendind a notice of intent to lien actually become a lien without my authorization?

12 months ago

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.

Legal Associate Levelset
172 reviews

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?

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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