Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Florida.

COMMERCIAL:

• Upfront Notice:
  • Notice to Owner/Notice to Contractor:
    • Required to be mailed within 40 days after first delivery.
    • This notice should use the data in the Notice of Commencement.
      • When sending the Notice to Owner/Contractor, BICA also sends a Request for Notice of Commencement.
      • If we receive the Notice of Commencement back and it contains changes to the data in the original Notice to Owner/Notice to Contractor, we will re-send that notice with the updated data.
    • This notice must be sent to all persons in the chain of command plus all persons listed in the Notice of Commencement.

• Follow-up Notice (if not paid):
  • Notice of Non-Payment:
    • Required within 90 days of last delivery if you wish to pursue a claim against a payment bond.
  • Sworn Statement of Account:
    • If you receive a Request for Sworn Statement of Account from the owner, you must send this notarized statement within 30 days after the demand or lose your lien rights.
    • This notice is available on the BICA member portal.

RESIDENTIAL:

• Same handlings as for Commercial jobs.

PUBLIC:

• Upfront Notice:
  • Notice to Contractor:
    • This notice is required within 45 days of first delivery.

• Follow-up Notice (if not paid):
  • Notice of Non-Payment:
    • This notice should be sent anytime after 45 days from first delivery and no later than 90 days after last delivery.
  • Sworn Statement of Account:
    • If you receive a Request for Sworn Statement of Account from the owner, you must send this notarized statement within 30 days or lose your lien rights.
    • This notice is available on the BICA member portal.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.