Florida law provides significant protections to construction contractors, subcontractors and material suppliers. Contractors, subcontractors and suppliers have the ability to lien the real property which receives the benefits of their materials and efforts. If they are not timely paid, they have the ability to foreclose the property and receive payment from the foreclosure sale.
A subcontractor who remains unpaid has the ability to lien and foreclose upon the property even if the property owner paid the prime contractor who in turn failed to pay the subcontractor. In other words, the property owner could pay twice.
To preserve such powerful rights, however, the contractors and suppliers must comply with Florida’s lien laws.
Subcontractors and suppliers who do not have a written contract with the property owner must serve a notice to owner in a form which complies with the statute upon the property owner within forty-five days of the subcontractor’s commencement of performance or the supplier’s supplying of materials.
Service should always be made through the use of certified mail. Any construction lender and the prime contractor should also be served.