Legal Question in Construction Law in Florida

Notice to Owner filed late

We were contracted by another sub contracter to do a job. We didn't know about Notice to Owner until the job was completed and turned over to owner. We filed it after the 45 day deadline. The subcontractor was served with a notice of non-performance. The GC terminated his contract and paid someone else and took the funds from his contract. He hasn't paid me anything even though he received a $5000 draw. My question is even though I was late with the notice to owner, can I still file a lien. We are still within the 90 days.


Asked on 11/10/06, 9:32 am

1 Answer from Attorneys
Richard Weldon Weldon & Rothman, PL

Re: Notice to Owner filed late

Generally, the courts read the requirements for constuction liens under Florida Statutes very strictly and if you failed to provide the owner with proper notice within the 45 days then you are probably out of luck with a lien against the property. However, this would not prevent you from going after the general contractor or subcontractor who was obligated to pay you for your work. You can always file a civil suit against the party you had a contract with (oral or written) for breach of contract. If it is less then $5k, then you may want to file a small claims action on your own. If it is a more substanital dollar figure, then you should definitely contact an attorney that handles commercial/construction litigation.

Best of luck.

Read more
Answered on 11/10/06, 9:55 am


Related Questions & Answers

More Construction Law questions and answers in Florida