A subcontractor is working on a project where the general contractor has not paid them for work completed 45 days ago. The subcontractor wants to protect their lien rights. What document should they serve first under Florida lien law?
Correct Answer
B) Notice of Nonpayment
Under Florida Statute 713.06, a Notice of Nonpayment should be served when payment is past due but before filing a Claim of Lien. This notice preserves lien rights and may prompt payment without having to file an actual lien.
Why This Is the Correct Answer
CORRECT_ANSWER - Under Florida Statute 713.06, when a subcontractor has not been paid for work completed more than 45 days ago, they must first serve a Notice of Nonpayment to preserve their lien rights. This notice serves as a formal demand for payment and is a prerequisite before filing a Claim of Lien. The Notice of Nonpayment gives the general contractor an opportunity to resolve the payment issue without the more serious step of filing an actual lien against the property.
Why the Other Options Are Wrong
Option C: Final Lien Waiver
Notice to Owner is typically served at the beginning of a project by subcontractors to preserve their right to lien, not when seeking payment for overdue invoices. This notice establishes the subcontractor's presence on the project.
Option D: Notice to Owner
A Claim of Lien is filed after the Notice of Nonpayment if payment is still not received. Filing a Claim of Lien without first serving the Notice of Nonpayment could jeopardize the subcontractor's lien rights under Florida law.
Memory Technique
Remember 'NNP before CL' - Notice of Nonpayment comes before Claim of Lien. Think of it as giving a 'warning notice' before taking the more serious step of filing an actual lien.
Reference Hint
Florida Statutes Chapter 713 - Construction Liens, specifically Section 713.06 regarding Notice of Nonpayment requirements
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