Subcontractors play a critical role in the construction industry and in building our Florida communities. They work hard and put their bodies on the line to build the world around us, and they deserve to be properly paid for their work. Unfortunately, that doesn’t always go to plan.
That’s where the mechanics lien process in Florida comes into play. This is essential to ensuring subcontractors get paid for the hard work they put into every project. Without a clear understanding of how mechanics liens operate, subcontractors could face significant financial risks when payment disputes arise.
In Miami and throughout South Florida, knowing how to protect your rights and your paycheck through lien enforcement is an important part of doing business as a subcontractor.
Understanding Florida Mechanic Lien Laws
In Florida, mechanics lien laws are in place to ensure that subcontractors and suppliers get paid for the labor and materials they provide on a construction project. A mechanics lien gives subcontractors a legal claim to the property where the work was performed, which can be enforced if payment is not received. However, to benefit from these laws, subcontractors must follow strict procedures.
One of the most important elements of this conversation is timely filing. In Florida, subcontractors must file a lien within 90 days after completing their work. If you miss this window, the lien will be unenforceable, and you may lose your chance to claim payment. To ensure you meet all deadlines, subcontractors should maintain careful records of their work, including invoices, delivery receipts, and communications with general contractors and project owners. These records will be invaluable if a lien becomes necessary.
What Happens If You’re Not Paid as a Subcontractor
Payment disputes can occur for a variety of reasons, and when they do, subcontractors must respond promptly to protect their livelihood. If you are not paid for your work on a project, the first course of action is to contact a Florida construction law attorney to help you navigate the dispute process. In Miami and across South Florida, subcontractors often face delays in payment, and legal action may become necessary if these disputes are not resolved informally.
The first step is usually sending a formal demand letter to the party responsible for payment. This letter outlines the amount owed and warns that legal action, such as filing a mechanics lien, will follow if payment is not made promptly. Having an attorney draft and send this letter ensures it meets all legal requirements and deadlines.
Sometimes, disputes escalate due to claims of defective construction. If a general contractor or property owner claims that your work did not meet the required standards, it is essential to carefully review the terms of your contract and the project specifications. South Florida subcontractors should always document their work to defend against false or exaggerated claims.
Protect Your Work and Your Pay as a Florida Construction SubcontractorSubcontractors in South Florida need to take proactive and swift steps to protect their right to payment. Understanding mechanics lien laws and acting quickly in the event of a dispute can protect your financial interests. At Florida Construction Law Group, we’re here to help Miami subcontractors navigate various payment issues and enforce their rights to earn a living for the great work they do every day. If you’re facing a payment dispute or need assistance filing a mechanics lien, contact Florida Construction Law Group today to uphold your work.
