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Can I use a Second Notice of Commencement to leverage a vendor?

FloridaNotice of Commencement

I had some new windows installed and there was a Notice of Commencement filed. The 1 year time limit has expired. The window vendor installed the incorrect windows with the incorrect tint. Several windows are still on back order. I am refusing to pay the window vendor the balance until he replaces the windows with the incorrect tint. No liens were filed during the first year when the NOC was valid. Since I am refusing to pay the window vendor until the correct windows are installed—and there is no valid NOC since it expired—can the window vendor file a valid mechanics lien on my property? Should I refuse to sign a Second Notice of Lien and hold off having them do any work to put more leverage on them as they don’t want to replace the windows with the incorrect tint?

1 reply

Jan 3, 2023

Hello, and thank you for reaching out! Your question may be too specific for an attorney to answer in this public forum. You may wish to consider consulting an attorney privately. Here are some attorneys from our directory in your area: https://www.levelset.com/payment-help/experts/construction-lawyer/florida/. I hope this helps! 

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