Legal Question in Construction Law in Florida

mechanics lein

can an employee file a mechanics lein against his employer ? hasn't been paid since march.


Asked on 9/23/07, 5:32 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: mechanics lein

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: An unpaid employee cannot file a construction lien against his employer for unpaid wages, but may be able to file a construction lien as a laborer against a construction project. The statutes are a bit complicated but read Florida Chapter 713 with special attention to 713.05, 713.06, and 713.08. If a lien is filed then it would need to be recorded "not later than 90 days after the final furnishing of the labor or services or materials by the lienor to the project." You can also file an action against your employer for unpaid wages as well, or visit a labor lawyer.

Good luck,

Randall Gilbert

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Answered on 9/26/07, 4:26 am


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