Five Things To Know About Florida’s Mechanic Lien Laws

Five Things To Know About Floridas Mechanic Lien Laws

One of the most popular posts on this blog has been an article I wrote in December 2009 titled: 5 Things To Know About The Miller Act. It’s been a long time since we discussed mechanics lien law in Florida, and so I’m inspired to write a top five post about Florida’s mechanics lien laws.

Parties looking to file a mechanics lien in Florida must comply with the statutes housed in Title 40, Chapter 713, Part I of the Florida Statutes, titled the “Construction Lien Law.”  Here are the top five things you should know about these laws to preserve, perfect and enforce your mechanics lien rights.

1) Preliminary Notice is Required

If you don’t deliver a preliminary notice at the start of furnishing labor or materials, you will likely lose your mechanics lien rights in Florida. All parties who did not contract directly with the property owner must serve a Notice to Owner within 45 days of furnishing labor and/or materials to the construction project. There are only two small exceptions to this requirement, as the requirement does not exist for pure individual laborers or for professionals (i.e. architects, engineers, etc.).

The preliminary notice must contain all the information required by the statute (including a statutory WARNING statement), and must be sent to certain parties.  Specifically, make sure you send the preliminary notice to those listed in any filed Notice of Commencement, and:

  • If hired by the general contractor, send the notice to the property owner;
  • If hired by a subcontractor, send the notice to the property owner and the general contractor; or
  • If hired by a sub-subcontractor, send the notice to the property owner, the general contractor and the subcontractor.

Five Things To Know About Floridas Mechanic Lien Laws

2) You Must File A Florida Mechanics Lien Within 90 Days From Last Doing Work (Warranty Work Not Included)

In some states, the lien deadline starts to count from the end of the entire construction project.  Not so in Florida.  Claimants in Florida must record their mechanics lien within 90 days from last furnishing labor, services or materials to a construction project.  The 90 day period starts to count when the substantive portion of your work is completed, and you cannot include the correction of deficiencies in work or warranty work when determining this date.  If you are an equipment rental company, the last date of furnishing is the last date the equipment was actually on site and available to the parties for use.

When recording your mechanics lien, be careful where you are recording.  While most counties maintain county property records with the Clerk of Court for the Florida county, there are some exceptional counties where the property records function is delegated to a designated “County Recorder.”

3)  Know Who Does and Does Not Qualify For Lien Rights

Generally speaking, contractors, subcontractors, material suppliers, equipment rental companies, laborers and professionals have lien rights in Florida.  Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. However, the following do not have any rights to file a Florida mechanics lien:

  • Sub-sub-subcontractors (those hired by sub-subs)
  • Suppliers to suppliers
  • suppliers to sub-sub-subcontractors
  • Anyone who is required to be licensed in Florida, but who is not (read more about unlicensed contractor lien rights here)
  • Maintenance workers (work / materials provided must permanently improve the property)

Five Things To Know About Floridas Mechanic Lien Laws

4)  Do Not Exaggerate Your Lien Claim

This one really applies nationwide, and not just in Florida.  However, it’s particularly important in Florida, because filing a mechanics lien considered “fraudulent” is a 3rd degree felony.  The tough part is distinguishing between a “mistake” or something subject to a “good faith argument” versus an actual willful or negligent exaggeration.

Florida does not allow lien claimants to include amounts within the mechanics lien for unapproved change orders, claims and lost profits on unperformed work, and other similar legally theoretical claims for damage payments. Similarly, lien claimants should not add costs or lien fees, interest or attorney fees to their Florida mechanics lien.

While all of these amounts may be recoverable in litigation, they cannot be added to lien itself, as the mechanics lien law in Florida only allows lienors to encumber the property for the value of its actual permanent improvement to the property.  This is a typical rule all across the country, as we discussed previously in this post:  What Costs Can I Include In A Mechanics Lien?

5) Know The Foreclosure Deadline…And All Exceptions

In Florida, as elsewhere, mechanic liens are only effective for a defined period of time.  Once that time period is up, the lien expires as a matter of law unless you file a lawsuit to foreclose upon the property and the lien.  The general rule in Florida is that the lien foreclosure action is due within 1 year from the lien’s recording.

However, the 1 year foreclosure period can be shortened to as little as 60 or 20 days. It’s important to know these two exceptions:

  • Foreclosure period is reduce to 60 days if the property owner serves a Notice of Contest of Lien (F.S. 713.22(2)).
  • Foreclosure period reduced to 20 days if the owner or interested party files a lawsuit complaint and summons with a rule to show cause on the mechanics lien (F.S. 713.21(4)).

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  • Max With amax construction Corp (FL GC)

    As the G.C. I’ve signed a contract directly with home Owners, after taking $2,200.00 down payment, and finishing 1st and 2nd faze ofv work, the Home Owners refused to Pay me and forcibly had me removed from th JOB site(indec21/2012). I’ve not filed notice of commemcement, because the Owner had to give me daccess to get through the gates and handed me th keys and were ther on the site on the regular bases aware of ongoing work, no permits were requird(painting, and tile removal). So can I now fle a lein for the amount of wok done on 2nd phase and paid for $1,500?

    • http://www.zlien.com Scott Wolfe Jr

      Hi Max – Thank you for visiting our site and for your comment. Unfortunately, you may need to seek legal advice to get the answer to this question. We provide general legal information to help people understand this complicated area of law, but we do not give one-on-one advice about what to do in certain situations. For some general information about Florida lien law FAQs, see this link: Florida Mechanics Lien Law Frequently Asked Questions and Resources.

  • Dee

    Per the description of your job, you are in direct privity with the owner of the property. A Notice to Owner was not necessary. You can go directly to a mechanics Lien, but you must be within the 90 days of your last furnishing of labor and/or materials.

    • http://www.zlien.com Scott Wolfe Jr

      Thanks for chiming in Dee.

  • http://napleshomestaging.com Ann Waters

    I am wondering whether I can file a lein for home staging services. I provided furnishings including furniture, pictures on the walls, accessories, silk trees, etc., on a rental basis for a newly constructed home. The owner paid for the initial moving in of furnniture and a year’s rental. That period of time ran and now I am renting the furniture to him on a month-to-month basis and he is three months behind.

  • Liza Allen

    Do you have to file a notice to owner if you are dealing direct with owner? We are the general contractor.

    • http://www.zlien.com Scott Wolfe Jr

      Thanks for your visit Liza. You may want to consult with an attorney about this or ask it to an attorney online for free at http://www.avvo.com. But, generally speaking, this is not required for general contractors.

  • georgina

    I have had a supposed lien on my property for quite a few years this was put on by palm beach county planning & zoning Department Does the lien law apply to county departments. I have all the information ie job complete etc signed off on. Then PPBZ came back with a lien. I will not pay them but would like to know how I stand I do not believe they have rights above the average business. I hope they have to abide by the law like the rest of us.

    • http://www.zlien.com Scott Wolfe Jr

      Thank you for your comment and visit. I’m not sure I understand your question properly. It sounds like this is not something related to a construction lien.

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  • jim bragg

    I just found a mechanics lien on my house isuued 6 years ago is it still good? Is for $850.00 it was part of a remodel and they did not finish. If not what can I do to remove it

    • http://www.zlien.com Scott Wolfe Jr

      Hi Jim – Thanks for visiting. Without knowing more it is tough to know for sure. Each state, for example, treats this issue differently and your comment does not indicate the state where the lien is placed. Nevertheless, 6 years is a very long time, and nearly every state (except 1, Ohio) would expire the lien before this period. In most states mechanic lien claims are valid for about 8-12 months, and then they expire unless the claimant files a lawsuit to foreclose on the lien. You would know if this happened because you would have been served with the suit, and by now, the suit should have been fully litigated and over.

      Long story short: the lien is likely invalid or expired.

      You can get it off by contacting the claimant and demanding removal, or by petitioning the court to have it removed – all in accordance with the rules applicable to your jurisdiction. More about removing frivolous liens can be found here.

  • Frank

    Hello, I own a small auto repair shop and did work for a client, upon finishing the work ( less than 2 weeks ago), I spoke to the owner who then instructed me he had no intentions of paying for the mechanic work he signed off on, and then instructed me that he had a tital loan (lien) on the vehicle he owned monies on. Now I live in Florida and I am wondering, is it hopeess to try and put a mechanics lien on the vehicle for the work I performed, or does my mechanical lien supersede that of the tital loan lien? Any help would be appreciated,

    thanks,
    frank

    • http://www.zlien.com Scott Wolfe Jr

      Hi Frank. Thank you for reading and for your comment. Unfortunately, we don’t have any experience or information about filing auto mechanic liens at this time. We only provide information and resources on construction mechanic lien claims, as well as homeowner association and condominium association lien claims.

    • http://www.zlien.com/ Scott Wolfe Jr

      Frank, unfortunately, we don’t have any information about auto mechanic liens. We only have information on construction liens. Thanks for the comment and visit, however. You may want to consult with an attorney. Best of luck.

  • http://www.facebook.com/Whiterasta William Freeman

    What about work done on a boat.

    • http://www.zlien.com/ Scott Wolfe Jr

      William, thanks for your comment here. Unfortunately, work done on a movable object (like a boat, or a car) is subject to an entirely different set of laws…for which, we are not experts. There isn’t much info on this out there on the Internet, and the law can be pretty different between states (more so than construction liens) and can be a bit technical. It usually requires you go to the department of motor vehicles (yes, even for boats) to proceed. But, again, not sure. You may want to consult with an attorney.

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  • Chris

    What about doing weekly pool service. The homeowner refuses to pay saying we were not there to do the work when we were.
    Thanks

    • http://www.zlien.com/ Scott Wolfe Jr

      Thanks for visiting. Sorry to hear you are having this trouble. There are lots of reasons why people refuse to pay a bill.

  • jiff363

    Our company staged a house for the owner/seller then they didn’t pay. Can I put a lien on the house.

    • http://www.zlien.com/ Scott Wolfe Jr

      It’s possible, but that’s tough to say without knowing which state you worked in and what exactly you did. Generally speaking, the answer is no, as most states require some type of physical incorporation into the project:
      http://www.zlien.com/blog/tag/incorporation/

      However, there are exceptions.

  • fenceguy888

    Hi, I am a fence contractor and did a fence for a customer. He refused to pay the balance due so I filed a lien on his house. It will be 1 year on July 11 since we filed and he still refuses to pay. How do I file to foreclose on the lien. I am a small business owner and don’t have the money to hire an attorney so I have to do this on my own. Is it just a matter of filling out paperwork and filing it with the courts like I did with the lien?

    • http://www.zlien.com/ Scott Wolfe Jr

      Actually, it’s a little more complicated than that. Not only is litigation more intensive than a simple lien filing, but you may be legally prohibited from representing your company in court. While courts let folks represent themselves, many do not allow people (non-attorneys) to represent a company.

      So, with that said, you want to look into getting an attorney.

      It may also be possible to use a collections service. Our collections service, for example, can sometimes get paid without litigation and if needed, will escalate and use a local attorney to get you paid. The trouble, however, is time. You are very close to the deadline and it may be tough to get such quick turn around.

      If your lien claim is good enough or the value high enough, it may be possible. You can submit it here:
      http://www.zlien.com/lien-collections/collect-on-a-mechanics-lien/

  • Jason

    I had a homeonwer agree to do a metal roof June 28. I told her I needed to come out that Monday July 2 to measure the panel lengths. I couldn’t make it there that Monday so I was there on Tuesday July 3. I sent the order to my metal guy and he made up the metal the next day. Well, she calls on July 8 and say she doesn’t want to do it. The call went to my answering service and I never got it. So she calls me today and says the materials were delivered to her driveway today. We had an oral agreement on June 28 so the 3 days to cancel had expired. I told her that she should of just called my cell phone, as she did about a dozen times already. I also told her that the supplier would send her an intent to lien her for the unpaid material, about $1700. She doesn’t want to pay for material. What should I do next. Thanks. By the way I’m in Florida

    • http://www.zlien.com/ Scott Wolfe Jr

      Wow, this is one of those classic law school questions about the Uniform Commercial Code. I understand that the materials were NOT incorporated or used..and that they currently sit loosely on the customer’s driveway?

      If that is the case the question is largely whether they have to pay for them and keep them.

      I can’t say for sure what will exactly apply to your case b/c it depends on more facts, and you’ll need an attorney to review. Nevertheless, I am going to spell out for you the general rule with these types of situations.

      Generally speaking, if the materials were specially fabricated you will have a pretty good argument that the customer must keep them and pay for them. “Specially fabricated” means that they were build specially for that customer’s project and cannot be used in another project.

      If they are just normal materials, on the other hand, you’ll be required to go pick up the materials and try to resell them.

      Then, the customer MAY BE liable to you for:

      –> Drop off and pick up charges

      –> The difference between the amount you later sell the materials for, and the amount the customer was agreeing to buy them. So, if the customer agreed to buy them at $500 and you were only able to sell them later for $400, the customer would owe you the $100 difference.

      In short, an attorney will need to review your exactly situation and give you more tailored advice. It is a frustrating position for you, however.

  • Guest

    I own a lawn maintenance company and an HOA has not paid and has since cancelled, can I put a lien against the HOA?

  • Frank

    My house was rebuilt as a result of a fire and my contractor wants to put a lien on my house because he didn’t file the paperwork with the insurance company timely and wants me to pay him directly up front. He’s received payments for the majority of the work except for items he was supposed to file with the insurance directly. Is that grounds for a lien?

    • http://www.zlien.com/ Scott Wolfe Jr

      Thanks for the question Frank and for visiting. Your question needs more in-depth review from an attorney or someone who can look at your exact situation and advise you.

      High level mechanics lien information for you: If someone furnishes materials or labor to a project, and they are not paid in full, they can file a lien for the amount they are unpaid.

  • Jared Sanchez Ldo

    Hi,

    Thank you for your information!

    To be brief, a pool contractor re-tiled, re-surfaced and provided new equipment for my pool. The company installed a string of tiles down the center of my pool without my consent or order. The new pool surface was not finished and the tiles were poor as well. I refuse to pay for the resurface and tile because it was of poor construction and unfinished/unordered.
    I have all the documents, photos, contracts and inspections from a separate contractor to prove my case.

    The original job finished on May 24th, then they came back to “attempt” to fix it, but actually made it worse and did not remove the breaker belt that was unordered.

    I paid for the equipment because it was working and properly installed.

    The contractor has been threatening to “foreclose upon my house” since.

    I just have a couple of questions,

    it has been 114 days since May 24th of their original completion.

    1- Is it 90 business days or 90 regular days to file a lien?

    2- I never received a notice to owner and the original lender who refused to pay the contractor never filed a notice of commencement. Are those documents necessary?

    ps: I do have a business attorney involved, however, these questions have never really been firmly answered.

    If you want to know more about my situation I created a blog when everything went south to hold most evidence:

    http://my-apollo-pools-tampa-problems.info/

    Thank you for your input,

    Jared

    • http://www.zlien.com/ Scott Wolfe Jr

      Hi Jared – Thank you for visiting and your comment. You have a lot of information here and a lot of information on your blog. Since we are just a publication and not in the business of giving direct legal advice, your best bet is to continue working with your attorney and/or seeking new counsel who has more experience in these areas of law (if your current counsel does not).

      With that said, you can find the information about Florida’s mechanics lien laws here.

      When you count days in any state under the lien laws, it is regular days and business days. As far as any NTO requirement, that depends state-by-state and situation-by-situation. You’ll need to have this reviewed by the attorney to see if the pool contractor preserved their lien rights.

  • Kaput

    Good Afternoon, My family owns an automotive repair shop and over the years we have had to file for title many times. Recently, I came across a vehicle that states the last transaction type is “Lien Maintenance Only”. What exactly does that mean? Any information you could give me would be greatly appreciated.

    • http://www.zlien.com/ Scott Wolfe Jr

      Thanks for reading and your comment. Unfortunately, we don’t have any content or expertise regarding auto mechanics liens. Good luck.

  • Tile1601

    Hello, does or can a mechanics lien prevent the owner from renting that property?

    • http://www.zlien.com/ Scott Wolfe Jr

      No

  • Sandra

    Hello, I am trying to calculate the date for filing enforcement of a claim of lien action. If a claim of lien is recorded on 1/8/2013, does the action have to be filed by 1/8/2014 or 1/7/2014?

    • http://www.zlien.com/ Scott Wolfe Jr

      Thanks for the comment Sandra, and this very detailed and important date calculation question. How dates are calculated can become very important. Usually:

      –> The date starting the period is not counted (i.e. if lien is filed in 1/1/13, that date will not count, and you will count from 1/2/13).

      –> Usually weekend and holidays are not counted if the date lands on a weekend or holiday.

      HOWEVER, I honestly don’t know the exact rule in Florida. You will want to consult with a FL attorney on that, or you will want to ask the question to FL attorneys over on Avvo.com.

  • MoneyPitOwner

    I am a homeowner of a 110 year old home in a historic district. I hired a roofing contractor and during the long process of getting an estimate, we discussed the extensive amount of wood replacement needed. Once the roof was completed, I got a request for $11k more than the original quote.
    I concede that there was certainly some hidden items that popped up along the way, as this is not my first time dealing with contractors. The issue I have is with the cost and scope that was performed without and consultation of change order. For example, it was evident to me that the P board in soffits was so poor that it would be more cost effective to do a wholesale replacement with simulated panel ply-wood soffits. The estimator originally budgeted 20 lineal feet, but the final bill was for 1380 lineal feet. I contend that it was grossly negligent in its estimate, that if this was addressed upfront the charge would have been less than half of what the final bill was.
    Additionally, they ended up re-decking the entire roof (66 sheets) despite budgeting 2 sheets. To be clear, this was not “replacement” but rather needed because of the spaces in deck boards. This was needed, but I have an email clearly questioning the estimate, as the spaces were clearly evident from the attic. Now I don’t balk at the fact it needed to be done, but the charge was done at $55 a sheet, which is the per board cost of replacement. I had some re-engineering work in the back and had the same sheets done by a framing contractor for $20 a board.
    Finally, they used a dumpster on site for another sub (which I paid for and they will not credit me), they charged for labor for cutting the shake siding for flashing which was clearly part of the original scope, and to top things off, the roof failed inspection (actually due to the cutting of flashing).
    I have offered them 50% of the overage but they declined. The work they did was sufficient, I will say B-, but I feel they simply did not properly disclose true cost, grossly underestimated the job, and have put me in a tough position (because I do not have the money to pay the full upcharge).
    No idea what to do. I paid 60% of original estimate upfront, but still owe for the remainder plus the overage. They have asked for the rest of the payment while we “negotiate” the rest. It has not passed inspection either, and with he historic guidelines, it is going to cost a fortune and take at least 2 months to get approval through the historic society to replace the cedar shakes.

    • http://www.zlien.com/ Scott Wolfe Jr

      Hi MoneyPitOwner :) – love the name. Thank you for your comment here. Unfortunately, I’m not going to have much information for you. This is a very fact intensive situation that requires specific attorney review and advice. The high level answer to your question is that how much you owe here will depend on the exact terms of your contract and a detailed expert review of the work performed by the contractor.

      The trouble you will face is a practical one. The cost of fighting the extra expense will quickly exceed just paying it. If you can, a settlement with the contractor may be a prudent route.

  • Brad&Anna

    Hi Scott- Our Florida contractor has walked off the job and liened our property for $32,000 above what remained on our contract. He never sought change orders for any overages beyond one $2,000 materials expense. We are encouraged to see that this may be a Felony under Florida law. Can you point to any specific statutes that support this claim?

  • concretesub

    do you have to file a lien within 90 days of last day worked if its only retainage that is due

    • http://www.zlien.com/ Scott Wolfe Jr

      I presume you are asking about Florida’s law. I don’t see anything in the law that distinguishes between retainage and non-retainage for the purposes of lien deadlines. Generally speaking, this is a real black hole in lien laws everywhere. Retainage is sometimes naturally due AFTER the lien filing period. In that case, contractors and suppliers are just in a bit of a catch-22. I fall on the side of wanting to secure the right (with a lien) and then wait to foreclose on it. Everyone has their own approach to this, however.

  • Hopingforthebest

    Hello, glad to find this site. Paint contractor filed a lien against HOA for balance owed, $20k. Management company misappropriated funds, leaving the HOA in dire straights. Painting was for the entire community, homes, clubhouse, etc. Is it feasible for the lien to be divided among homeowners per unit and common areas only for the HOA? How could we go about that? Thanks

  • LeeAnn

    We are a Landscape Management Co. in Florida. We did a large job in which the customer paid a $10,000 deposit and signed an agreement to pay a balance of $10,000 within 6 months of completion. The 6 months is up and he is not paying, can a place a Mechanic’s lien on him? The way I’m reading the information it is saying it must be placed within 90 days of completion?? Our agreement was 6 months….. any help on this?

    • http://www.zlien.com Scott Wolfe Jr

      Hi LeeAnn – Thank you for your comment here and for reading. Just because your agreement said 6 months doesn’t mean you can extend the lien period. The lien period is what the lien period is, and the timing of payment does not impact that. On the contrary, the timing of the work can impact it. Another issue you have is whether landscaping services are even lienable. In Florida, the answer may be yes. We write about this here: http://www.zlien.com/articles/scenario-can-landscapers-file-a-mechanics-lien/

  • Alfredo

    Hi i filed a lein on a clients home whom refused to pay his final balance even after completion of work and a final on the permit the leon is however over 12 months, its approximately 18 months in. is there anything that i can do to still foreclose ? or extend / refile the lein?

  • David

    We are a construction company. We hired a guy to do some painting to finish a job that another painter started. We did not sign a contract with him and just agreed to pay him each day for the days work. He quit showing up before the job was finished because he couldn’t find a ride to work due to a dui. We offered to give him a ride or let him stay on our sofa just so we could get the job finished. He just didn’t show up anymore but apologized for letting us down. I paid him each day as agreed. He left so abrubtly that he left his tools at the site. He asked when he could pick them up and I told him anytime and that I would have a lien waiver for him when he came. Then he started sending me messages via text that he decided that we owed him money, which we did not and that he was going to file a lien on the house. I told him that was extortion and that we would not pay him. My question is, since we had no contract anyway and I have all of the text messages from him, can he file a lien, if so, how do we get it removed and should we file a fraudulent lien as well as extortion charges against him?

    • http://www.zlien.com/ Scott Wolfe Jr

      Thanks for your comment and reading. Sorry to hear about this situation.

      If the laborer tried to file a lien, he likely would be successful. There is no gatekeeper to determine which liens are valid and which are not at the time of filing (that wouldn’t practically work). Instead, if he went to file a lien, he would be able to.

      Whether he is entitled to file a lien or not is the real question.

      Laborers can file a lien, but of course, no one can file a lien for work they did not do. So, if this person did not do the work and is not owed money, and filed a lien, the lien would be invalid and you would be able to challenge it. This would be done through a court action. Unfortunately, this would be quite costly. You can learn more about lien disputes here: http://www.zlien.com/articles/tag/lien-disputes/

  • Contractor in VA

    Per our contract, we paid countertop fabricator in full for several tops for a commercial project. Delivery of tops is now almost 2 months past due. Response from company is difficult. In the meantime we’ve had to install temporary tops so Owner can get building inspected and open. Supposedly the delay is due to shipper. We’ve requested copy of shipping docs and no response. We did not want fabricator but unfortunately Architect on the project specified this fabricator/material. What recourse do we have?

    • http://www.zlien.com/ Scott Wolfe Jr

      There are a lot of answers to this question, and more facts about your situation is needed. You are best to consult with an attorney in your area about the specific options available to you, and the costs of pursuing each.

  • Cbr1000rrfireblade

    Hi, I have a motorcycle repair shop in Orlando, FL. A guy brought a motorcycle to my shop, I gave him estimate and he signed the paper. After we finished the repair, he couldn’t pay the bill and I gave him $300 both signed a bill of sale, no title. After 2 months another guy came with police to my shop. He has the title of the bike. But because of there is no stolen bike in this issue, police said that this is a civil issue and they left my shop. The guy wants money to give me the title. I already paid $300 to the first guy and put money on bike for repair. My question is, althought he is not the owner, but he brought the bike for repair, can I apply for a mechanics lien for the bike? The title is in Georgia, I am in Florida. If the guy takes me to the court, what will happen? Should somebody pay the bill for repair?

    • http://www.zlien.com/ Scott Wolfe Jr

      Sorry to hear about your situation. Unfortunately, we only post information here on construction liens (frequently called “mechanics liens”). I’m afraid we won’t have any helpful resources for you. You may want to try posting your question to http://www.avvo.com. Good luck.

  • james

    hi I live in Florida. I had lawn service every week in the summer. no signed contract but an agreement written by the lawn guy. while I was away for three months he did not do the agreed work. Ipaid him for those months but when I came back I hired someone else to clean up the property for a lot more $$.he is demanding $100 can he put a lien on my house if anyone knows the answer I would appreciate .thank u

    • http://www.zlien.com/ Scott Wolfe Jr

      There are a few issues here, and you would be best to consult with an attorney about this. Of course, you’ll have a difficult time doing that for under the $100 that is in dispute, which makes your situation even more difficult. Sorry to hear of it.

      One issue that will be important if this goes anywhere is whether the lawn person has a lien right. Did he do work that is lien-worthy. Sometimes, landscapers and lawn maintenance people can squeeze in and claim lien rights, but for a majority of the time, they cannot.

      We wrote about this issues specifically here:
      http://www.zlien.com/articles/scenario-can-landscapers-file-a-mechanics-lien/

      Good luck.