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Can a Solar company file a lien for the entire amount o the project, no physical work was performed, No permits issued.

Florida

Signed aggreements that changed 3 or 4 times and increased the costs and complexity of the solar installation project. We were reassured that all was in our best interests. When subcontractors started showing up(at unscheduled times) and wanted to start replacing hot water tank and pool pump and insulating the attic I decided to visit the permit office for construction in my town and was told that a permit was applied for but not reviewed or granted yet. I stopped the project in itś tracks. My wife an I are retired and on a fixed income but we were notified in December that a lien for the full amount($31,000) had been placed against our home. We are counting on the equity in our house to help us stay in our home and enjoy this time in our lives without financial stress. Now we cannot access our equity and may be forced to sell.

2 replies

Jul 6, 2022

A lien for the entire contract balance when the work was not completed is undoubtedly an invalid lien. Since you are on a fixed income, you might try serving a "Notice of Contest of Lien" on the contractor, which shortens the time for the contractor to file suit on the lien to 60 days. If he does not file suit within 60 days, the lien is extinguished automatically - you don't have to do anything else. If he DOES file suit, then at that point you will need the help of an attorney.

I suggest you look up online how to prepare and serve a notice of contest of lien and see if you can figure that out on your own. If not, then you should consult an attorney.

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Jul 12, 2022
Generally, no work = no lien. The lien will expire of its own accord after one year if no lawsuit is filed. You can shorten that time to 60 days if you record a Notice of Contest of Lien. You should also report the company to Florida’s DBPR.
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