Legal Question in Construction Law in Florida
Time Limit on Notice to Owner?
We are a commercial General Contractor, and we issued a contract to a subcontractor on August 31, 2001 and received it back signed on September 5, 2001. Their work started on September 14, 2001. However, we just received the Florida Notice to Owner for a Private Project on November 2, 2001. Is there a time limit as to how long the subcontractor has after his scope of work has begun to file this Notice to Owner? If so, how long?
2 Answers from Attorneys
Re: Time Limit on Notice to Owner?
The time frame to be applied is usually a matter of state law. Although your question references a Florida Notice to Owner, the header in your message indicates Georgia. If the project is located in Georgia, you should contact a Georgia attorney. I only practice law in Florida and therefore cannot help you with Georgia law.
If the project is located in Florida, I can offer some general comments. For specific legal advice, you may wish to speak with an attorney about your particular situation.
In general, a subcontractor must usually serve his Notice to Owner within 45 days of starting work on the project in order to preserve his lien rights. In the event that he fails to do so, his lien rights will expire, but he may still be able to sue the general contractor and owner in the event he is unpaid.
Hope the answer was helpful. If I can be of further assistance, please feel free to give me a call at (954) 229-1008. I'll be happy to speak with you at no charge.
Good luck on you project!
Frank Reilly
Re: Time Limit on Notice to Owner?
The time frame to be applied is usually a matter of state law. Although your question references a Florida Notice to Owner, the header in your message indicates Georgia. If the project is located in Georgia, you should contact a Georgia attorney. I only practice law in Florida and therefore cannot help you with Georgia law.
If the project is located in Florida, I can offer some general comments. For specific legal advice, you may wish to speak with an attorney about your particular situation.
In general, a subcontractor must usually serve his Notice to Owner within 45 days of starting work on the project in order to preserve his lien rights. In the event that he fails to do so, his lien rights will expire, but he may still be able to sue the general contractor and owner in the event he is unpaid.
Hope the answer was helpful. If I can be of further assistance, please feel free to give me a call at (954) 229-1008. I'll be happy to speak with you at no charge.
Good luck on your project!
Frank Reilly
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