Notice to Owner for unpaid services

[Diego E. Ramírez]

Hello BP, 

Back in August 2017 I worked with a roof company to renew the roof of an investment property I bought in Miami. 
I received a letter from a sub-contractor company telling me that the roof company haven't paid them and that under Florida's construction law this sub-contractor can file a lien against my property. 

Has anyone deal with something similar to this?

Any recommendations will be greatly appreciated 

Cheers

Diego 

[Wayne Brooks]

Yes, a subcontractor can file a lien against a property if not paid by the GC in Fl, as in most states, but the procedures for doing so are very specific. It is a two step process.

For FL:

A sub/supplier must send a specific Notice To Owner form within 45 days of first performing work/delivering supplies (also before the GC is paid in full if shorter than 45 days.....many subs forget this part) notifying the owner they are working on the property.

Failure to send this notice timely bars them from filing s lien.

Also, they must file/record the actual Lien within 90 days from their last work.

However, if no Notice Of Commencement was filed/recorded by the owner, the 45 day clock doesn’t start. I’m not sure what this does to the 90 day lien filing click. Many subs don’t realize this either.

I would simply respond that the sub failed to meet the 45 day Notice clock, the GC has been paid in full, therefore he has no lien rights and the filing of a fraudulent lien has legal and financial consequences to the sub.