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How to dispute/contest Notice of Intent to File a Lien

Florida

We are a subcontractor that hired a flooring contractor to perform work on one of our sites. We made several progress payments to them for work performed but they did not finish the work as they did not purchase the materials with the money we paid them and they delayed the work progress. We had to ask a different contractor to finish the work, but the other company filed a Notice of Intent to File a Lien against us for not paying the remaining amount on their invoice. We wish to dispute/contest the Notice as they did not complete the work and did not meet the contract terms.

2 replies

Dec 7, 2021
There is nothing that you are required to do. Subs are not required to serve "Notice of Intent to Lien". They have the Notice to Owner required within 45 days of starting and the Lien within 90 days of finishing work. You can have the owner of the project send Request for Sworn Statement of Account - they will have 30 days to respond under oath and if they don't they lose their lien rights.
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Dec 7, 2021
Thank you Christopher. Just to confirm and make sure I understand, they actually should have filed a Notice to Owner within 45 days of starting work and then they have 90 days to file a Mechanics Lien from the date they finished the work (which they didn't do)? If they didn't file the Notice to Owner, will they still be able to file a Mechanics Lien against us? Thank you.
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