Legal Question in Construction Law in Florida

Can I File a Construction Lien

In Sept, 05 we bid on a rehab project. We started working and were constantly pulled from job to job and could not complete units due to this as well as having to wait on other contractors to complete work before we could go in and finish up. The project manager did pay 100% of each unit started and we agreeded to go back and bump out the units when all work was completed by other contractors.

Recently the PM decided to withhold any further payment until the bump out is done, however there are still contractors going in and out of these units..each time causing more bump out. We didn't file a claim of lien within the first 90 days of beginning work.

We have no problem doing the bump out, but if he doesn't pay for the jobs we've recently done..We can't pay my employees to do the work. I guess my real question is can he hold me liable for the unfinished part of the jobs that have been paid (since we couldn't finish because of his end) and is it too late to file a lien.

We are a very small paint company and can't afford to fight a company this large. We've learned many valuable lessons for the furture. We just want to be done with this project so we can move on. Please Help!!!


Asked on 2/16/06, 8:18 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Can I File a Construction Lien

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Your facts are confusing, and I have never heard the term "bump out." However, as far as timelines is concerned, a Contractor has 90 days from the last date (not the first date) that it furnished any labor, services, or materials to the project, excluding repair work, and some other exceptions. However, there are other things that you may have needed to do to perfect your lien rights like serve a Notice to Owner within 45 days of beginning. I recommend you contact a local construction attorney to review the facts of your case. Good luck,

Randall Gilbert

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Answered on 2/16/06, 9:27 am


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