Legal Question in Construction Law in Florida

Re: Notice of Intent to Lien

(This is not legal advice)

Your problems may arise from the fact that Florida's construction lien law is much more complex today than it was twenty years ago. Under the current law, subcontractors are required to first serve a "Notice to Owner" on the Owner of the proejct within 45 days of first commencing to furnish labor or materials at the job site. When payment is not timely made thereafter, a subcontractor is required to serve and record a Claim of Lien. The Claim of Lien must be recorded within 90 days of the last work or materials furnished at the job site. Only once these prerequisites are met does a subcontractor have a valid claim of lien. Of course, in order to enforce that lien the subcontractor must then file a lawsuit to foreclose the construction lien. In sum, it sounds like the GC is correct.

However, despite the foregoing, you may still be entitled to recovery by virtue of a number of alternative legal theories such as brerach of contract (if you have one with the GC), unjust enrichment, or an equitable lien. I would require more information to let you know what other legal causes of action you may have but I do believe that you are still entitled to recovery even if the Claim of Lien is invalid.

For future reference, you should familiarize yourself with Chapter 713, Florida Statutes dealing with construction liens and the proper process for obtaining a lien.