Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter, LLC. Nor does
Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Description: Preliminary Notice for Furnishing
labor, Materials or Equipment
Scope: State of Florida, Private Works
Important: Service by a certain date in Florida
means service by that date, not in the mail to be served as
with some states. If the mail was delayed (not refused or ignored)
that is an absolute defense to a lien or bond claim.
Important: If the owner has required the prime
contractor to provide a payment bond, the rights against the
bond are resubstituted for lien rights. See Florida Bond or
Lien Claim, Private Works, for more information. We still strongly
urge you to serve Preliminary Notices on bonded jobs in case
recovery is not available.
Time Constraints: A Florida Preliminary Notice
must be prepared and served on the owners, general contractors,
all subcontractors (all in the chain from your customer and
above to the General or Prime. Use the additional Legal Parties
table) and lenders (and sureties, if one exists and does not
cover the full claim) by personal service or certified mail
either prior to, but no later than 45 days after, the first
furnishing of labor, materials or service to a project.
If you are supplying specially fabricated materials,
the notice requirement of 45 days runs from the date you first
began to actually fabricate the special materials, not from
the date of your delivery.
If you have not delivered the Preliminary notice
by the 40th day via Certified mail, must use overnight delivery
between the 41st and 45th days.
Failure to serve your notices within required
time frame will almost certainly bar you lien rights. If this
happens, talk to your attorney immediately.
Information Requirements: The information required
by the program and whether you intend to send an owner cover
letter.
Form Types: Preliminary Notice for Furnishing
labor, Materials or Equipment, Exhibits A-D (if needed) and
Owner Letter (if used).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms (less the Owner Cover Letter and the Recorder
Letter) must be sent to all legal owners, all general contractors,
all lenders and all sureties. If you are supplying a sub-contractor
of the project he must also receive a copy of the notice. We
strongly urge mailing these notices as soon as possible.
When in doubt, file your lien claim immediately.
Important: Filing the Preliminary Notice in a
timely fashion is very important in Florida. If there is substantial
compliance with the law regarding your notice, it's information
and it's service, your lien claim will often be allowed even
with minor errors of fact (again, talk with your attorney).
An applicant (general or subcontractor) for a
building permit (city or county) is required to provide a copy
of his Notice of Commencement with his building permit when
it is issued. This is one source of information for filing your
own claim.
Owners must post a certified copy of a statutory
labor and material payment bond at the job site before beginning
construction on the project. The bonding company must record
a certified copy of the bond in the public records (city or
county) where the construction will take place within 45 days
of issuing their bond.
Florida
Preliminary Notice-Public Work
Warning: All information contained within this data base is
subject to change at any time by the various states and is not
guaranteed in any way by Lienwriter.com, LLC. Nor does Lienwriter.com,
LLC. assume any liability or responsibility for it's content.
Please use in conjunction with advice from your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: Notice of Right to Lien for Furnishing
labor, Materials or Equipment and Request for Copy of Payment
Bond (Project cost must be over $200,000.00 [not hard for a
public work] for claim to be filed on the bond). However, public
owned property is not lienable.
Scope: State of Florida, Public Works
Important: Service by a certain date in Florida
means service by that date, not in the mail to be served as
with some states. If the mail was delayed (not refused or ignored)
that is an absolute defense to a lien or bond claim.
Time Constraints: A Public Work Florida Preliminary
Notice must be prepared and served on the public entities, prime
contractors and lenders (and sureties, if one exists) by personal
service or certified mail either prior to, or no later than
45 days after, the first furnishing of labor, materials or service
to a project. If you supply a subcontractor who supplies the
project, he must also receive a copy of the notice.
If you are supplying specially fabricated materials,
the notice requirement of 45 runs from the date you first began
to actually fabricate the special materials, not from the date
of your delivery.
Failure to serve your notices within the required
time frame will almost certainly bar your lien rights. If this
happens, talk to your attorney immediately.
Information Requirements: The information required
by program and whether you intend to send an owner cover letter.
Form Types: Notice of Right to Lien for Furnishing
labor, Materials or Equipment and Request for Copy of Payment
Bond, Exhibits A-D (if needed) and Owner Letter (if used).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms (less the Owner Cover Letter and the Recorder
Letter) must be sent to all public entities, all general contractors,
all lenders and all sureties. Sending a copy to your customer
is required if they are supplying the job for any of the above
parties. We strongly urge mailing these notices as soon as possible.
The Lien Writer(TM) form makes a request for a
copy of the public or payment bond (See Florida Bond or Lien
Claim, Public Works, for specifics).
When in doubt, file your lien claim immediately.
Important: Filing the Preliminary Notice in a
timely fashion is very important in Florida. If there is substantial
compliance with the law regarding your notice, it's information
and it's service, your lien claim will often be allowed even
with minor errors of fact (again, talk with your attorney).
An applicant (general or subcontractor) for compliance
must record a copy of the payment bond in the public records
of the county where the project is located. The payment bond
must specifically name the project and list the names and addresses
of the prime contractor and sureties.
