We are a Memphis, TN based flooring company and provide new flooring installations as requested for apartment communities. We provide services to two Florida properties managed and owned by the same company with large past due balances. We are new to Florida and have never been required to send a Preliminary Notice at 45 days - since each installation is a different job, does that 45 days start from the very first installation, or after each one? Does the preliminary notice requirement even apply to us? We do require new customers to sign a credit application that outlines our 30 day terms and the potential consequences of leaving balances unpaid, and the owner information is listed on that signed application - does that cover us as "contracted with the owner?" Is there a way for us to file a lien?...Read More
I' m a subcontractor, we BID (initially) and performed our first set of work at a job over a year ago. Due to the contractor procrastination and the current economy, we have sent new estimates since then. Does the Intent To Lien notice deadline change with every estimate given?...Read More
I'm a design consultant and project manager in Fort Lauderdale. We finished a project for a civic association board. As per our contract the balances due were to be paid upon completion. We completed a final punch list and a satisfactory final walkthrough. It has been over six months and we have not received payment despite our third billing invoice. I sent a notice of intent to lien via Levelset but that too was ignored though we received USPS notice of delivery more than 12 days ago. I would like to know what my next step would be to collect payment in the amount of $14.890.00 I understand that theft of services over $10K in the state of Florida is considered a crime. Should I proceed to file lien, or go directly to the police and file a report?...Read More
My company served as a subcontractor on a construction job here in Florida. The Contractor has stopped paying us and we are past the 45 days to file a lien because we didn't think they would stop paying us. We still filed a NOI but it may not be honored at this point.
The job has since shut down due to weather, contamination, and poor management. We are owed over $20,000.
What is our recourse if it is not hornored?...Read More
I'm the licensed contractor contracted for a job, but we aren't getting paid. Do we file an NTO and then put a lien on the project? Or do I just send a notice of nonpayment?...Read More
I am a subcontractor working on an FDOT (Florida Department of Transportation) contract in Florida. My customer is a General Contractor who provides Asphalt/Construction on Florida Highways and my business is to provide sodding for this contracts once construction is complete. Since this is a subcontract to a contract that is state funded, am I required to, or even allowed to serve a Notice to Owner, or file a lien for non-payment?...Read More
I work for a subcontractor in Jacksonville, FL, and part of my job is to send out Notice to Owner letters via Certified Mail with Return Receipt – PS Form 3811, or “green card.”
My question is this; once we have received the signed Return Receipt, how long should we keep them?
Thanks in advance for your time!
...Read More
I received a Notice to Owner from the tile supplier my contractor chose to use on my home project. The NTO came after the 45 day window, but before the 90 Lien claim window. Does this make the lien invalid because it was after the 45 day NTO window, or should I still be concerned? Final payment to the contractor has not been paid as the project is still ongoing. ...Read More
A sub filed a NTO due to not being paid for a drywall job that we had to call another sub in to refinish. We do not owe them money due to someone else having to redo this job. What are our options, other than negotiating an amount to pay them to clear the NTO?...Read More
My Florida homebuilder had not completed our house after more than a year after start of construction, so we fired him. There was also a lien on the property for roofing materials, an NTO from another sub, and he was demanding payment for unfounded/unsubstantiated invoices. As the direct contractor, does he have to serve me with a Notice to Owner before filing a lien on my property? If not, does he have a time limit for filing?...Read More
I am the home owner and had a contract with Safeguard Roofing , which has been paid in full. I received this notice from a supplier of Safeguard roofing. How can be held responsible if Safeguard does not pay a bill when we the home owner has fullfield our obligation by paying Safeguard in full?...Read More
1. If I have a contract with a GC to install solar panels on several properties, do I have to send NTO's to each property despite the single contract?
2. Is design and engineering part of the "45 days after first providing labor or materials?" Does our time start ticking when we first set foot on the jobsite or when we start the pre-work?...Read More
We are a home staging company. We consult on properties, Providing design and decorating and home-improvement tips as well as lease our furniture and furnishings to homeowners and style their homes to make them appealing for sale. Our client paid the project fee on a credit card but has since disputing the charge to get out of paying for our services all together even though our work was completed and our services provided a desirable result and her house is under contract. We are now facing have to refund all the funds paid and coming out at a net loss after we did the work, and has enjoyed our furniture for 2 months- she still has the furniture, in fact. We are a small business and deserve to be compensated according to the terms of our agreement and common decency. Any guidance here would be very helpful. The clock is ticking and we need to take action before the Hoise closes next week. ...Read More
We are a subcontractor with a contract with a General Contractor. The Owner has a separate name from the General Contractor but they share the same address. Do we need to file an NTO?...Read More