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Can a contract file a lien?

I have a contractor that finished work on March 9th 2020 and sent his final invoice. After our walk through on March 17th, there were several punch list items that needed to be corrected. In particular, touch up on grout in the floor, touch up paint where he left dirty hand prints, refrigerator and dishwasher was not plugged in and cabinet doors rubbing when opening and closing. This work was completed on 7/8 but still not to our satisfaction. I tried to work with the contract to reduce his fee but he becomes belligerent threatens me with a lien and hangs ups. I have attempted to contact him twice but not luck. Has his window to file a lien expired? What do I need to do to protect myself. Also, he charged 7% Florida sales tax on the entire invoice. Is that legal?

1 reply

Aug 14, 2020

Generally, Florida mechanics lien claimants must file their mechanics lien claims within 90 days of their last furnishing date. This date typically refers to when the last substantial work was done at the property - usually, punch list type work won't suffice to push back the deadline. But, if the contractor performed work in good faith, within a reasonable amount of time, and if that work was necessary under the contract to pursue completion of the project, it's possible for the work to be considered the last furnishing date. Here's a closer look at when, exactly, the lien deadline begins to run in FL: No Lien-iency for Florida Lien Deadlines. Additionally, here's a deadline calculator you can play around with to determine different potential lien deadlines (based on different last furnishing dates): Mechanics Lien & Notice Deadline Calculator. As for including FL sales tax - it makes sense that a contractor might include sales tax for the materials used in the project. Admittedly, however, I'm no expert on FL's tax laws. This article seems to be a good resource, though: Florida Sales Tax Handbook: Construction Contractors. Additionally, one of these lawyers may be able to help clarify: Top Florida Construction Lawyers.

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