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can lien be put on house for other work not listed on notice of commencement

FloridaMechanics LienNotice of Commencement

notice of commencement had only re-roof listed on it. other work was performed as well, all through an insurance claim. after all work that GC and sub contractor was to preform was done we had a verbal agreement of what was due to him and what I would recieve back from the insurance company money. The checks were cut I thought all was good. Then, two weeks later GC is saying I still have a balance with them? When we went over final billing we each had the same paper work with the same numbers. The GC is a roofer and the roof was totally completed. He sub contracted out the other work which needed to be done which also has been completed. The GC is now saying that the numbers weren't correct and that I still owe 1499. He has never produced any documents to show proof. The money that came back to me was for things not done at all. For example, content manipulation. I did that myself. GC stated they went off of the scope of loss for pricing so there was no other form of contract or invoicing. the amount on the contractors lien filed with mortgage company was met and then some. GC never changed that paperwork. at this point insurance company is done with the claim.

1 reply

Apr 28, 2020
The scope of work included in a Notice of Commencement won't limit claimants' ability to file a mechanics lien. So, if the work performed exceeds what was listed on the Notice of Commencement, that work will still be lienable as long as it was properly authorized. That makes sense, too - it's extremely common for the plan to change throughout the life of the project due to change orders, necessary scope changes, etc. With that being said, a claimant can't file a mechanics lien for work they didn't actually perform. If a GC is threatening to file a mechanics lien for unearned amounts, then they should know that Florida has serious penalties for fraudulent lien claims - including, potentially, a felony and damages paid to the owner. And, sending a demand letter threatening legal action and requiring them to refrain from filing a mechanics lien claim could be helpful in having them stand down. More discussion here: I Just Received a Notice of Intent to Lien – What Should I Do Now?

Defending against a Florida mechanics lien claim

If a mechanics lien has been filed - then an owner will have a few options for defending against the claim. For one, an owner can still threaten legal action and try to have the claimant release their own claim. Additionally, an owner can file a Notice of Contest of Lien which will shorten the lifecycle of the claimant's lien. Normally, a claimant will have a year to decide whether or not to enforce their claim. When a Notice of Contest is filed, that's shortened to a mere 60 days. Further, an owner could file and serve a summons and complaint to show cause, shortening the enforcement deadline for the claimant to a mere 20 days. Though, it'd likely require the help of an attorney to help with the filing. Finally, an owner could also bond off a mechanics lien filed against their property. That won't make the claim disappear, but it will take the property title out of the equation in the meantime. Ultimately, though - if you've had a mechanics lien filed against your property, it'd likely be a good idea to consult a Florida construction attorney sooner than later. They'll be able to take a deeper look into your situation and advise on how best to move forward.
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