We have a job that we have not completed but would like to lien for the contracted amount. The homeowner is trying to switch contractors.
1 reply
Dec 14, 2018
I'm sorry to hear that you're having issues on that job. First, it's worth noting that a mechanics lien may be available in Florida regardless of whether the project is complete and even when workmanship is in dispute. Of course, it should also be mentioned that mechanics lien rights will only arise for work performed and unpaid - thus, in a situation where work is unfinished, it's typically inappropriate to include amounts for work not yet performed in a lien claim. That's not to say that additional amounts might not be owed - but, as far as what can be included in a mechanics lien, including amounts other than what's been performed and unpaid is risky business. If you want to learn more about the requirements, deadlines, and process for filing a Florida mechanics lien, here are two resources that should be helpful: (1) Florida Lien and Notice FAQs, and (2) How to File a Florida Mechanics Lien. Lastly, in many situations, contractors have an opportunity to compel payment without actually having to file a lien by leveraging the mere threat of lien. By threatening a lien claim with a document like a Notice of Intent to Lien, claimants can warn their non-paying customers that if payment isn't made and made fast - a mechanics lien will be filed. Since it's cheaper and less risky than a lien filing itself, many potential lien claimants decide to utilize a Notice of Intent prior to bringing out the big guns.