Legal Question in Construction Law in Florida
Florida Labor Lien
Is an employee of a subcontractor, not in privity with the owner, required by Statute or otherwise to serve a Notice to Owner in order to prefect their lien rights? The subcontractor/employer has not paid its employee for his labor on the project. Would a claim of lien by the employee for said labor be considered valid under Florida Law? Additionally, the subcontractor/employer has been paid the full amount of their subcontracted bid and has signed a Partial Lien Release. Neither the subcontractor nor the employee served a Notice to Owner within the 45 day time period.
1 Answer from Attorneys
Re: Florida Labor Lien
A laborer does not need to serve a notice to owner. However, "laborer" is very narrowly defined. A person is a "laborer" if they provide nothing but labor. If the person provides any supplies or materials, they are at risk of being considered something other than a laborer and thus needing to serve a notice to owner.
Please feel free to call or email us if you wish to discuss furhter to make sure that the person is truly a laborer or not.
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Contractor not paying sub contractor We subcontract through a contractor . we... Asked 12/23/08, 11:05 am in United States Florida Construction Law
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