Legal Question in Construction Law in Florida

Notice To Owner

How does one submite a Notice To Owner (to a contractor) who has not paid a subcontractor for work performed on a private dweling, still owned by the contractor.


Asked on 8/24/01, 5:47 pm

1 Answer from Attorneys

Frank Reilly Reilly Roche LLP

Re: Notice To Owner

Because I do not know all of the facts, I can only offer you some general suggestions. Feel free to call me at (954) 229-1008 if you need specific legal advice. I'll be happy to speak with you at no charge. In general, one of the most common ways to submit a Notice to Owner is by Certified Mail, Return Receipt Requested. Under Florida Law, the Notice to Owner must usually be served within 45 days of starting to furnish labor or materials to the jobsite. If you have missed the 45 day deadline, all is not lost. There are several other ways to enforce payment.

Your case appears to be a little different because the Owner is also the Contractor. This may allow you to pursue some legal avenues that may have otherwise been unavailable.

If you are unable to get the Contractor / Owner to pay you, please give me a call ASAP. There are many important legal deadlines that are very strictly enforced. If you miss these deadlines, you may lose you the ability to recover the money owed to you.

Also, remember that under Florida's Lien Laws, the other side may have to pay your attorney's fees if you prevail. Good luck, and please feel free to call me.

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Answered on 9/04/01, 9:34 am


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