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Subcontractor's notice to owner was not filed strictly in accordance with Florida's Mechanics' Lien Law. Contractor folded, didn't pay Subcontractor, so Subcontractor sued Developer to foreclose on its lien.
The Florida Mechanics' Lien Law has rigid notice provisions that contractors and materialmen must follow in order to perfect their liens. The law also provides that a trial court can overlook failure to follow these notice provisions if the owner of the property has not been "adversely affected." (Section 713.08(4)(a)). Reading that provision, the appellate court determined that the Subcontractor's failure to file its lien properly had not adversely affected the Developer, because it still had enough money to pay the Subcontractor.
Moral: Don't keep money lying around. Johnson v. Aqua Pool Co., Inc., 725 So.2d 458 (Fla. 2DCA 1999). |
