Legal Question in Construction Law in Florida
Is an employee of a subcontractor, not in privity with the owner, required by Statute or otherwise to serve a Notice to Owner in order to prefect their lien rights? The subcontractor/employer has not paid its employee for his labor on the project. Would a claim of lien by the employee for said labor be considered valid under Florida Law? Additionally, the subcontractor/employer has been paid the full amount of their subcontracted bid and has signed a Partial Lien Release. Neither the subcontractor nor the employee served a Notice to Owner within the 45 day time period. If employee has lien rights, please provide instructions to proceed.
1 Answer from Attorneys
Generally all parties not in privity with the owner are required to serve a NTO as a condition of that parties ability to lien the owner's project. However, if the party is a true laborer, not a sub, then they are not requred to serve a NTO. Whether a party is a laborer is factually driven.
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