Legal Question in Construction Law in Florida

In short he answer to your question is yes. Florida Lien law puts the burden of making sure subs are paid on the owner. It is important to receive a release of lien from the contractor and each of the subs following each payment to ensure they are paid. If a material supplier sent you a notice that they were supplying material to your project, it is important to receive a releas of lien from them as well. The most common method used in the construction industry is to first file a lien. If properly and timely filed, they can then proceed with legal action (within a certain time frame) to foreclose on your property; but they must file the lien properly and on time and issue you the proper notices. Other methods used by subcontractors is to sue the contractor directly and/or the home owner as a third part beneficiary.

If there is money still due to the contractor, I would recommned you notify them (the contractor) if they do not send you proof of payment to the subcontractor you will detect the amount due to the sub from the next payrequest and pay them directly.

If you have further questions or if a lien is placed against your property, please do not hesitate to contact our office for a free consultation.

Al Phillips, Esq.

P: 561-835-1727

You would need to have filed a notice to owner to perfect the lien.

Only if you protected your lien rights. Because in this particular project you were a subcontractor, you can only have lien rights if you served a Notice to Owner within 45 days from your first day on the project. If you did not file a Notice to Owner and you are past the 45 day time frame, then your only remedy is against the party with whom you contracted. Keep this in mind on future projects.

My advise to all contractors, sub-contractors and suppliers: Serve a Notice to Owner within 45 days from you first day on EVERY project.

If you did timely serve a Notice to Owner, then the next step is to file a Claim of Lien against the property. Florida law states that only a lienor (that would be you or your company depending of who is on the contract) or a licensed attorney can prepare a Claim of Lien. If you would like to prepare a Claim of Lien but do not want to pay for the services of an attorney, try www.lienwizardonline.com. LienWizardOnline.com is a web-based software that guides you step-by-step through Florida�s lien law process. The software will complete your Claim of Lien form based on the answers you provide to very simple questions. You can then print the completed form and process the form based on the instructions provided by the software.

LienWizardOnline.com can also be used to prepare Notices to Owner, Notice of NonPayment, Waivers and Releases, Satisfactions and Final Payment Affidavits using the same step-by-step process. Why pay a Notice to Owner service or an attorney to prepare forms you can prepare yourself?

Best of luck!