Can I Use my Project Proposal or Estimate to Enforce my Lien?
So you never actually had a formal “contract” signed when you started working on the project. No problem when everything is running smoothly. Even better when you experience no setbacks, everything falls into place perfectly, and the project is finished on time and under budget. You can get away with not having an agreement in place in such an ideal situation. But as we all know, stuff happens.
What if everything I mentioned didn’t go according to plan and all you ever had the client sign was your estimate or proposal. Are you out of luck? Not necessarily. In Florida, you can have an enforceable agreement if you can show you had a meeting of the minds. Proving what was said in that meeting without an agreement is another story. But, let’s say you gave the client a proposal or estimate and they signed it. That document would be an enforceable contract you can use to secure your lien rights in the state of Florida.
On this episode, Alex will explain what you should add to that estimate and proposal so you can better protect your bottom line.
Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com
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