Legal Question in Construction Law in Florida

Re: Notice to owner & lien requirements

Since I do not know all of the facts, I can only offer you some general comments that I hope you find useful. For specific legal advice regarding your particular situation, I recommend that you speak with an experienced construction attorney.

Under Florida law, there is presently no mandatory waiting period between the serving of a Notice to Owner and the Filing of a Claim of Lien. It is possible for you to serve the Notice to Owner today and to file the Claim of Lien immediately thereafter.

From a practical standpoint, you might consider serving the Notice to Owner right away and letting them know how much you are owed. Assuming that you are well within your 90 days, it might be wise to give them a few days to pay you (no need for a fight if it can be avoided).

Hope this information was helpful. Best of luck!

Sincerely,

REILLY ROCHE, LLP

Frank Reilly

(954) 229-1008

Re: Notice to owner & lien requirements

Florida Statue Section 713.06(2)(a) provides that "The Notice [to Owner] must be served before commencing, or not later than 45 days after commencing, to furnish, his or her labor ,services, or materials, but, in any event, before the date of the owner's disbursement of the final payment after the contractor has furnished the [final contractor's affidavit]."

Florida Statute section 713.08(5) provides in part that the claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor, or services, or materials by the lienor...."

Should you need additonal assistance in preparing these instruments you may contact the undersigned.

Yours truly,

Randall Gilbert