Notice to Owner for unpaid services

4 Replies

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 

Research FL's mechanics lien laws for notice and timing requirements.  When was the substantive portion of the sub's work completed? When and how was this notice received?

Based on the date you cited it may be too late for this sub to record a lien. I would notify the roofer about this matter and consult with a local attorney if necessary.

You hired the contractor and paid the contractor. It's the contractor's responsibility to pay any subs. I'm not an expert but I don't see how you're responsible for paying the sub or that they could file a lien against you.

For all I know, they're just trying to scam you for money. I would contact the original contractor and see what they say.

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.

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