When you need to file for a mechanic’s lien in Florida, there may be certain rules that you’ll have to follow. Every state requires some similar procedures, while some states don’t require others, and therefore the steps you’ll want to take are definitely special depending on your location, and the location of the project. In this guide, we’re going to tell you all about Florida Mechanic’s Lien laws.
The Difference Between Prime Contractors, Subcontractors/Laborers, and Suppliers Involved
When it comes to Florida, there are some notable differences that may be involved in the job itself when it comes to the various parties involved. One thing to pay attention to is that if you’re a prime contractor, Florida doesn’t actually require a preliminary notice, however subcontractors, laborers, suppliers, and all other parties must offer a preliminary notice before 45 days after the project contract is signed.
There are some more responsibilities for prime contractors however, is that they must provide a list of all subcontractors, suppliers, and parties involved in the contract within 10 days of the request from a property owner in the construction project.
All parties must also file for a mechanic’s lien within a 90-day window from the last day of work or material furnishing to a construction project according to BICA National Construction Notices (this includes their labor as a furnishing). An actual mechanic’s lien requires the initiation to be within a year of being filed and it can actually be shortened if a property owner decides to contest the lien, in which the period will be shortened to 60 days after the notice is served to the contractor. If the contractor should be served with a 20-day notice of cause, then the time that they have to prove their case is only 20 days. Mechanic’s liens can’t be extended in Florida.
How to Properly Secure Your Rights
While the rest of the parties involved must file a preliminary notice of lien, even if you’re a prime contractor, it’s a good general practice to do so. This will ensure that you get the most out of your claim and that your rights will be reserved no matter what. It’s also a good practice just because it enhances the customer experience that you’re communicating completely about every detail of the project with the property owner so they understand the ins and outs if they don’t pay you for your work and your subcontractor’s work.
Conclusion
If you’re wanting to file a mechanic’s lien claim, you don’t want to lose your rights to the claim itself, as this could put you in a humongous bind financially, and also in your career as a licensed contractor. The most common mistakes people make is that their notice data isn’t quite right, or sent on time, and that it was sent to the wrong owner on record, or the tenant wasn’t properly notified. One thing you can do is hire a professional company to file the mechanic’s lien forms for you. By doing so, you secure your rights, and also will make sure that you and everyone involved gets paid accordingly.
