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Do I have other security options than filing a formal lien once I've sent a notice of intent to lien?

Florida

I sent a notice of intent to lien on 4/6/22 for the $50,000 remaining balance on a job we completed on 2/21/22. Having sent the notice of intent to lien timely, which will expire on 5/21/22, I'm trying to determine if I have any other legal measures or otherwise that I can take short of filing the actual lien? There is some apprehension on our end to filing the lien as we do other jobs with the same contractor and are trying hard to maintain the relationship with this contractor.

2 replies

May 17, 2022

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 your time to record that lien is critically short. If I were you I'd get that lien recorded ASAP.

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May 18, 2022

The lien goes against the owner, not the contractor. Don’t waste any time and get the lien recorded. Be sure you hand deliver it to the local recording office, as electronic filing takes a couple of days, depending on the county, and you will lose your lien rights.

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