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Can a lien be filed with no contract and if the homeowner was not notified of any pricing

FloridaPayment DisputesPreliminary NoticeRight to Lien

I moved into a new house and hired the landscaping company that works for the H away they were problems from the beginning which should’ve been a sign - they didn’t check the irrigation and went ahead and laid the sod the side all died they said they would go ahead and replace it because it was their fault and they also took a whole planting area out which they were supposed to leave so they really screwed a lot of stuff up - they replace the sod and put back the planting area as well as possible it’s still not the way that it was but I’m pretty much done with these people and now at the balance of the original bid there were no contract signed at all there’s $296 left - I had a gazebo in the back which had a Bougainvillea on it all I wanted them to do was cut the Bougainvillea away from the gazebo because they screwed up the job so much they did extra things and said we want to keep you happy we’re gonna do whatever you want so they went ahead and remove the gazebo without me even asking which I had my own guy who is ready to do that and they sent me an additional $600 bill for irrigation repairs that they did which not once did they say we’re going to charge you for these or give me a price or have me do a change order - they charge me for cutting the Bougainvillea back which they never told me they were going to do and also charge me for removing the gazebo which I have an a text they are guy said if we had charged you for this it would’ve been expensive so throughout all of this not one time did they give me a price or say you’re going to be responsible all they kept saying was we want you to be happy we’re going to take care of everything and fix our mistake for screwing everything up - they didn’t charge me for any of the irrigation repairs although I told them I had my own irrigation company if I needed to do that but they charge me for having the guys come over and talk to me to make sure everything was working etc. so now they’re saying if I don’t pay they are going to file a lien on the property - I come from family general contractor so I know quite a bit about noticed the owners and liens they never gave me a notice to owner the last time they were on the job was April 6 and the balance that they are sending me is $600 and there’s no contracts nothing was signed not one time out of that $600 bill did they say you’re gonna be charge for this on the original invoice I owe them $296 and they still have two plants they didn’t plant that are sitting in pots and they ripped out when they ripped the gardening section out they ripped out the border which was different pieces of wood and threw that out so they put just a plastic border in which they said they would replace once they found something so they’re really not even done with the original job but I’m done with them specially when they said they’re going to file a lien

1 reply

May 15, 2020
First, note that Flordia mechanics lien claimants don't need a written contract to file a valid and enforceable mechanics lien. In fact, there doesn't even need to be an express verbal contract, either. If the work was authorized and if there was some implied agreement - a lien claim could be appropriate. Regarding notice - parties hired directly by the property owner won't need to send a Notice to Owner (NTO) on Florida projects. While the state's NTO rules can be very strict, they really only apply to subs, suppliers, equipment companies, and others who were hired by someone other than the owner. Finally, keep in mind that if a mechanics lien is filed, the dispute will almost certainly cost at least $600 in time, stress, and frustration. And, if lawyers have to get involved, the dispute would far exceed that price. So, even if you feel you're being overcharged, to some degree, it might be worth negotiating or at least finding a way to diffuse the situation. Additionally, this article should be useful to you: I Just Received a Notice of Intent to Lien – What Should I Do Now?
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