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Lien Rights in the State of Florida

Florida

Hello I am the Structural Engineer of Record for a large Condominium Project in Palm Beach County in the State of Florida. We have performed repair works on the Project in 2018 and until May of 2019 and again on March, April and May of 2020. I did not get paid for all this work and my Client the Architect is waiting on the Developer to reimburse him so he could pay us, which he claimed would be after the closing. All our invoices since 2018 and 2019 (which is the majority of the monies owed) were approved and the one in 2020 were requested in emails and should be approved as well. I understand I have 90 days from the last time we performed work on this project which is from May 11, 2020. What happened if the Developer do the close out and transfer the unites to the buyers in the next 30 days , and we don't get paid. Do we still have the right to lien the Property, while we would be still in the 90 days period since last time we performed work? Thank you in advance Yonah Saddik email: satechengineeringpa@gmail.com

1 reply

May 12, 2020
Design Professionals have lien rights in the state of Florida per 713.03, subject to the limitations and requirements of 713 as a whole. If there is a lien recorded, closings of properties for which the lien is an encumbrance will likely hold back funds from the transaction to account for each unit's pro rata share of the lien. Having said that, your situation is rather fact intensive and would benefit from a consultation with an attorney experienced in construction law.
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