Legal Question in Construction Law in Florida
Mechanics Lien
We are a subcontractor, I have a
two part question...
1. Can I lien for the full contract price, or just the work that is completed to date?
2. Do I need to file a notice of intent to lien before filing the lien itself?
I would appreciate any help. Thank you!
1 Answer from Attorneys
Re: Mechanics Lien
(1) You can only file a lien for the labor services or material that have been actually furnished to the project. Anything more than that (Even if you have been kicked off) may be considered a fraudulent lien for which there are penalties.
(2) There is no such thing in Florida as a "Notice of Intent To Lien"
However, if you are a subcontractor (i.e. one that is not in direct privity with the owner), then as a precondition to filing a lien you were required to furnish a "notice to owner" within 45 days from commencing.
Good luck, and if you need forms you can always use ours on our website at http://www.theconstructionlawyers.com/
Randall Gilbert
Randall Gilbert
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