Legal Question in Construction Law in Florida

Since you are a subcontractor, I presume your contract is with the contractor and not with the owner (although they paid you directly). In this case you are correct in stating you have to issue the NTO within 45 days before or after starting the job for the lien to be valid. Then you have up to 90 days after the work is complete to file the lien. Does not mean you cannot file it but be prepared if it is contested, you may become liable for the other party's attorney fees.

In the case you reference your cause of action would be breach of contract against the contractor and third party beneficiary against owner. You just have to be sure and review your contract and understand what rights you have per the contract. If the contractor gets paid every 30 days and your contract says you get paid when the contractor does, you need to wait a little longer than 10 days. Every situation is different and I highly recommend you review the terms of your agreement. You also need to make sure they do not have a counter claim against you such as incomplete punchlist or work not in accordance with specifications.