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How long does a subcontractor have to file a lien in Florida?

How long does a subcontractor have to file a lien in Florida?

Full question:

I'm a GC, a sub worked on a project for me, he never told me the backhoe he was using was rented. He has been done for nearly 3 months now. I just got a call from the rental company informing that if they're not paid in full ($5k) they'll take a lien on the property, I certainly don't want that to happen as I'm still working on the project.This sub was looking for an advance from me and told me he has a case being settled anytime now (I have the attorney info). How long does a subcontractor or vendor have to put a proper lien on a property and do I have to pay them. The sub will not return any calls from me or them ... what do I do?

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Florida

Answer:

In Florida, a contractor, subcontractor, or material supplier (referred to as a "lienor") can place a lien on a property for unpaid work or materials. However, certain steps must be followed to enforce this lien.

First, the lienor must serve the property owner with a "Notice to Owner" to inform them of their presence on the job. This notice must be sent within the earlier of (1) 45 days after the first materials are delivered or work is performed, or (2) before the owner makes the final payment based on the contractor's affidavit (Fla. Stat. § 713.06(2)(a)). The notice can be sent via certified or registered mail or delivered directly.

If the rental company did not serve the Notice to Owner on time, they may not have the right to file a lien. If they did serve the notice, they can file a claim of lien within 90 days after the last work or materials were provided (Fla. Stat. § 713.08(5)). This claim must be recorded in the county's public records and served to all relevant parties.

After recording the lien, the lienor must initiate a court action to enforce the lien within one year (Fla. Stat. § 713.22). As the property owner, you can also file a "Notice of Contest of Lien" to require the lienor to take action within 60 days (Fla. Stat. § 713.21(4)). This can help protect you from potential issues with the lien.

Given the circumstances, it may be wise to consult with a legal professional to address the situation and protect your interests.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you deal with a bad subcontractor?

Dealing with a bad subcontractor involves clear communication and documentation. Start by addressing your concerns directly with the subcontractor. If issues persist, review your contract for specific terms related to performance and remedies. You may also consider withholding payment until the issues are resolved. If necessary, consult with a legal professional to explore options, including termination of the contract or pursuing damages. Document all interactions and attempts to resolve the situation, as this can be crucial if legal action is required.

Can a subcontractor be liable?

Yes, a subcontractor can be liable for damages resulting from their work or failure to fulfill contractual obligations. If a subcontractor does not complete the work as agreed or causes damage, the general contractor or property owner may seek compensation. Liability can arise from negligence, breach of contract, or failure to meet safety standards. Always ensure that contracts clearly outline responsibilities and liabilities to protect all parties involved.

What to do when a contractor ignores you?

If a contractor is ignoring you, start by documenting all communication attempts. Send a formal letter outlining your concerns and requesting a response. If the contractor continues to be unresponsive, review your contract for dispute resolution procedures. You may also consider filing a complaint with a relevant licensing board or seeking legal advice. If necessary, you can explore options like mediation or arbitration to resolve the issue.

Can a subcontractor be sued?

Yes, a subcontractor can be sued for various reasons, including breach of contract, negligence, or failure to perform work as agreed. If the subcontractor's actions lead to financial loss or property damage, the general contractor or property owner may pursue legal action. It's important to have a clear contract that outlines expectations and responsibilities to support any claims made against the subcontractor.

Is suing a contractor worth it?

Suing a contractor can be worth it if you have a valid claim and have exhausted other resolution methods. Consider the potential costs, including legal fees and time, versus the amount you seek to recover. If the contractor has breached the contract or caused significant damages, legal action may be justified. Consulting with a legal professional can help you assess the strength of your case and the likelihood of success.

How do you hold a subcontractor accountable?

To hold a subcontractor accountable, ensure that your contract clearly defines their responsibilities and performance standards. Maintain open communication and document all interactions. If issues arise, address them promptly and formally. You can also withhold payment until the work meets agreed standards or seek remedies outlined in the contract. If necessary, consider legal action to enforce accountability.