Legal Question in Business Law in Florida
Can a subcontractor file a construction lien for a change order?
I am an electrical contractor and I finished a project that included a change order. However, the general contractor paid for the original contract except for the change order, which totaled $660. Furthermore, I signed a Release of Lien for the amount of the original contract. Can I still file for a Construction Lien for the amount of the change order? If not, what can I do to enforce payment of the change order?
Thank you.
1 Answer from Attorneys
Re: Can a subcontractor file a construction lien for a change order?
Assuming you served the appropriate notice to owner, and you are still within the 90 day period from your last furnishing of materials to the project, and assuming the Release of Lien you signed did not waive all your lien rights, you should be able to lien the job for the amount remaining due on the contract, i.e., the change order. If your lien rights have expired or were waived, you can still sue the GC for breach of contract, assuming your contract was with the GC.
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