Legal Question in Construction Law in Florida

Re: New Construction

Pursuant to chapter 713 a lien must be recorded within 90 days from the last furnishing of labor services and material to the project. According to you, the project has been completed for 6 months so you have no lien rights. As to the question about the notice to owner, you do not need to provide a notice to owner to an owner if you are in direct contract with the owner. Notice to owners are for those who are hired by one contractor, usually a GC, and the person who may wish to lien in the future is a subcontractor or material supplier (i.e. someone who is not in direct contract with the owner) . In addition, a Notice to Owner must be furnished no later than 45 days from commencement of the project, if one is needed.

Good luck and if you ever need any construction forms feel free to go to our website at www.theconstructionlawyers.com

Randall Gilbert

Re: New Construction

Also, just because you have no lien rights does not mean that you have no case. It just means you cannot lien the project. You would still be able to assert a cause of action for Breach of Contract [count I], Unjust Enrichment [count II], and Quantum Meruit [Count III] at least.

Good luck,

Randall Gilbert

Re: New Construction

Under section 713.08(5), Florida Statutes, the answer will depend on when the final furnishing of labor or services or materials occurred. You should consult with a qualified attorney to determine whether legal action is appropriate based on the full circumstances of your case.