It is an unfortunate fact that not all builders and property owners pay their bills. If you are a Florida contractor or subcontractor, you may be put into the position of having to take legal steps to get paid for the work you did and the products you installed on a project.
So, what is the process you will need to get monetary relief? One common way is by filing a materialman’s lien. Learn more below.
When can someone file a materialman’s lien?
In our state, only licensed subcontractors and contractors can file liens against the one who owns the property where they supplied construction materials but were never paid for them.
If you happened to be an unlicensed contractor, e.g., a handyman, this path to payment relief is not available to you, however.
Do all projects qualify?
Not necessarily. Small projects where the value is less than $2,500 do not qualify for payment via a materialman’s lien. There are also very specific details regarding a notice between the parties to which the filer must adhere.
Then, notices of commencement describing the specific scope and details of the project in dispute have to be recorded in the county circuit clerk’s office with jurisdiction over the property area.
What next?
Once the notice gets certified by the clerk of court, it is simultaneously posted at the location where the construction took place and filed with the building department. They then conduct their own inspection.
Timing is everything
There’s a pretty good chance that if the property owner balked at paying your bill, they likely haven’t paid other subcontractors either. So, you definitely want your lien filed first, as the first lien filers have priority over ones filed later by other disgruntled subcontractors.
