Thursday, March 25, 2010

Florida Mechanics Lien Pre-Notices

Did you know that several states require that a "pre-notice" be provided to the Owner or Contractor prior to a mechanics' lien filing?  One of those states is Florida.  In Florida, depending on the claimant’s status, a pre-notice may be required.  Subcontractors and sub-subcontractors, including materialmen and suppliers who do not have a contract with the owner, are required to provide a Notice to Owner within the earliest of the following periods: within 45 days of commencing work or providing services for the Project or before the date of the owner’s final payment to the contractor who furnished an affidavit stating that all potential lien claimants have been paid.

While this requirement is not stringent (it basically allows the pre-notice to be filed up to the day the general contractor is paid in full), subcontractors and lower tier contractors should make sure they file the pre-notice before filing their mechanics' lien claim.

For more information on filing mechanics' lien claims and construction lien claims in Florida, visit http://lienitnow/florida-faq.asp.  To file a mechanics lien claim in Florida, visit http://lienitnow/florida.asp.

1 comment:

  1. I didn't know that a pre-lien notice was required on certain construction projects. It seems like an additional burden to the subcontractor to have to make sure the notice is provided and to find out who the Owner is. On the other hand, if I was the Owner on a construction project I would want to make sure that I knew the names of all subs working on the project so I know who the contractor is supposed to be paying. It seems very important for the subcontractor to do their homework before starting a project to make sure they follow all requirements so they can be protected if they don't get paid.

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