We are the Owner of a commercial building and currently have a construction project for a single suite. The sub-contractor submitted a NTO with the incorrect project information. The suite number is wrong on the NTO. The sub sent me a letter on their letterhead "retracting the notice to owner". Is this sufficient?...Read More
Contractor hired us for work and now will not pay. Prior to filing preliminary notice he informed us that weeks prior to our initial hire and work on the job he had broken ties with Central Florida Home Design and the job was through him. Now that we have filed a prelim notice he is claiming that Central Florida Home Design is the contractor on the job and he is not responsible for paying us. Florida sunbiz site shows this mans name still listed on the business license as an active partner. Do we have to redo our prelim notice and who do we pursue going forward with intent to lien and ultimately a mechanics lien....Read More
NTO sent to several businesses and hiring contractor and now he is stating that he wants a formal notarized release before he will release funds....Read More
I need some info on my rights is state of Florida. I was hired for contract labor for a job by the general contractor. I also provided for materials and paid for dumpster service for the job. The GC was suppose to pay me back but the owner has not paid him as of today so I have not been paid. I read where I had to file 40 days prior to job or if contractor has not been paid in full I could still file my notice is that correct. Do I need to wait to file my lien after the owner receives the notice. thanks...Read More
I filed a lien without sending an NTO in Florida. We did send a Notice of Intent to the GC and the property owner and the tenant. I want to know what action I can take against the GC. I was reading the Florida Contractors Manual (2017 edition) and it said I can maybe take it up to the Dept of Business & Professional Regulations and hit the GCs license? What are my options to get paid?...Read More
Hello,
I had previously asked a construction lien question, as it related to multi-lot/unit development. In this case, there was one Prime/GC developer and then my customer, the Sub Contractor. Part of the response was: "Under § 713.09 of the Florida mechanics lien statute, a lien claimant may claim a single claim of lien when the work was performed on separate lots, parcels, or tracts of land so long as that work was performed under the same prime contract and the lots are owned by the same party."
As an extension to my question and the answer, I would like to send out a new Notice to Owner for the future lots being developed, of which either recent material or future materials will be supplied to. This development is in Florida, so my main question is, that since it is 45 days after the very first lot was provided material upon, but there are future materials (to the un-developed lots) going forward, can I claim a lien position with an NTO going forward?
I ask this because I am being slow paid on the current work and want to provide a secondary level of attention and security.
Thank you,...Read More
We are renovating a hotel in Melbourne Florida. We are a subcontractor. We have worked for the general contractor for approximately 20 years, so we are very familiar with them. The owners of the hotel have not paid the general contractor in a timely manner, and therefore we have not been paid. I know the property is for sale, and I don't want to leave us unprotected. I didn't file a notice to commence, or a notice to owner of any kind. We started renovations on March 15th 2018, and continue to work there now. I filed a notice of intent to lien this morning. I wasn't aware that a notice to owner was necessary. Please advise....Read More
I'm a supplier on a new housing development in Florida. I'm working on a lot of the units and they are all owned by the same company. Do I need to send a separate NTOs for each unit or can I send one NTO to cover all units?
If I group them together, do I just need to list out each unit on the NTO?...Read More
I feel like we are correct in beginning the lien process - started the NTO's - (We were hired directly by an Owner's Designee to negotiate the telecom agreements at existing properties - no building permits) but I have some concern that our client may lash out and make it difficult/expensive for us by suing us for incorrectly filing a lien or slandering them to their lenders by falsely claiming we made an egregious claim. Need some support here!...Read More
i have a contract on the amount of 17,000.00 i do around 50% of the job i submit to the clint just invoice on the amount of 2700.00 he stop me to continue because he need to do some work that its his responsibility
on September 1 i received part of 2700.00
just 3 day ago i find out that he finish to do the work that belong to our contract
now he ask me a release of line and he did not want to pay me even the work that i all reedy done
do you thenk that i can do a lein...Read More
I am a material supplier working on a job in Florida. I sent a notice when my customer first ordered materials in August, and my 90-day mechanic's lien deadline is coming up. They paid, and there are no outstanding bills, but they will be placing another order on the job in the future. Since the 90-day deadline will have lapsed when they place the next order order, do I need to send a new preliminary notice to make sure I'm protected?...Read More
We are a provider of flooring goods and services to the multi-family industry in the Southwest. A key client has asked us to provide goods and services to a new construction project in Florida with an initial value of $400,000. We have licensed ourselves to do business in Florida, but as the one responsible for contract compliance in our organization I am not familiar with the Florida property code and its lien statute requirements. We are just now negotiating the contract and work has not started. I would like to know some of the "rules of the game" beforehand so that we can remain compliant and protect any rights we may need down the road....Read More
Delivery of equipment was on a Friday, began work on following Tuesday and completed the job 20 days after work began or would it be 24 days from equipment delivery. I did not file a NTO, and GC is not paying me for work performed. Can I still file a NTO?...Read More