Florida Mechanics Lien Pre-Notices

Did you know that several states require that a “pre-notice” be provided to the Owner or Contractor prior to a mechanics’ lien filing?  One of those states is Florida.  In Florida, depending on the claimant’s status, a pre-notice may be required.  Subcontractors and sub-subcontractors, including materialmen and suppliers who do not have a contract with the owner, are required to provide a Notice to Owner within the earliest of the following periods: within 45 days of commencing work or providing services for the Project or before the date of the owner’s final payment to the contractor who furnished an affidavit stating that all potential lien claimants have been paid.

While this requirement is not stringent (it basically allows the pre-notice to be filed up to the day the general contractor is paid in full), subcontractors and lower tier contractors should make sure they file the pre-notice before filing their mechanics’ lien claim.

For more information on filing mechanics’ lien claims and construction lien claims in Florida, visit http://lienitnow/florida-faq.asp.  To file a mechanics lien claim in Florida, visit http://lienitnow/florida.asp.