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What happens when a GC has been paid by an owner and hasn't paid the subs?

Florida

We were a subcontractor on a project, the work was completed and the owner paid the GC but we haven't been paid at all and the GC isn't returning our calls or emails. We filed a notice of intent to lien and will be filing lien per the time frames if no payment is received, what is our next step to secure payment (civil actions)?

2 replies

May 2, 2020
After you file your lien - and be sure to send the owner a copy by Fedex (preferably) or certified mail - wait 30 days. If you are not paid, hire an attorney to file suit to foreclose your lien. Construction lien foreclosure works similarly to a mortgage foreclosure, meaning the judge can order the owner's property sold to pay your lien. Usually, it never goes that far. A construction attorney can fill you in further on the process.
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May 2, 2020
Make sure that you have obtained the advice of a local construction law attorney before your time to record a lien gets too close. The lien law is filled with pitfalls for those not completely familiar with the construction lien law in Florida. Don't let one of these pitfalls snare your claim. Once that lien is properly recorded, the next step is to either file suit to foreclose, or have your construction law attorney send an appropriate demand, which could lead to an amicable resolution. However your claim may play out, Your Construction Law Firm is here to help at every stage. www.yourconstructionlawfirm.com
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