Andy Wyman is a construction attorney who works in Boca Raton, Florida. Andy has over 20 years of experience with a license to practice in Florida. Andy attended Fordham University School of Law, graduating in 1996. He currently works at Wyman Legal Solutions in Boca Raton, FL. More...
You only have 90 days from the last date you furnished materials or labor to the job to get your lien recorded. So you need to know exactly what that final date was. And, if you are a subcontractor (meaning you do not have a direct contract with the Owner), it is necessary that you sent a Notice to Owner (NTO) to the owner within 45 days of the first date you furnished labor or materials to the project. If you did not timely and properly serve the NTO, then See More...See More...
Hi Steve. Florida does not require a Notice of Intent to Lien. That's an optional step and you can record your lien at any time. If you were a sub on this job without a direct contract with the owner (NTO), then you had to have sent a timely Notice to Owner to have lien rights. If you had a direct contract with the owner, the NTO is not necessary. Liens must be recorded within 90 days of your last furnishing of labor or materials. In your case, it sounds like yoSee More...See More...
Your next step is to file suit to foreclose the lien, presuming you did everything correctly when filling out and recording the lien and timely filed it and timely served your NTO. You may also have a breach of contract action against the GC depending upon the terms of the contract. Our office is in Boca Raton, FL but we do this kind of work all across the state of Florida. We'd be happy to set up a consultation with you if you call our office. (561) 361-8700. Ask forSee More...See More...
A Notice of Contest of Lien shortens the time the contractor has to sue you to enforce that lien from 1 year from the date of recording the lien, to 60 days from the Notice of Contest. If he does not sue you within that 60 days to foreclose the lien, his lien expires by operation of law. By filing the Notice of Contest of Lien you have invited the contractor's lawsuit to happen sooner. You may have defenses though so be sure to consult with a construction attorney. See More...
The NOC protects you. So make sure it gets recorded. The NOC is not a lien. A contractor or subcontractor or material supplier can record a lien to secure their right to payment. But as long as payments are made properly and timely, liens are generally not recorded. Contractors have 90 days from their last furnishing of labor or materials to record their lien, and a year from recording of the lien to sue to enforce it. See More...
Liens filed by Wyman Legal Solutions
Below you can find a list of recent liens filed by Wyman Legal Solutions on behalf of their construction clients.