Hello, we hired a painter to paint the exterior garage and a cottage that we own on our property. They did a crappy job and left a lot of issues that they refuse to fix (I have dozens of pictures), but they are demanding full payment. I gave them a partial payment and told them they'd get the rest when they properly finish the job. Now they are simply saying pay or we put a lien on your property! So basically I'm supposed to pay in full, hire someone else to finish the work or have my husband finish it, that does not seem fair to me. Can they put a lien on my house in that context? Thank you. Frederique Guette
I am sorry to hear about the issues you have experienced. First, let's tackle the implied duty a contractor has to work in a good workmanlike manner. A warranty is any representation made by one party that another can and will rely on. Therefore, a warranty is a promise that something will be done a certain way. Every contractor impliedly warrants that his work will be built in a good and workmanlike manner and that it will sufficiently free of any major defects. You can read further on what a workmanlike manner means. In addition, most standard construction contracts make a distinction between a "one-year correction period" and a "warranty of good workmanship." A warranty of good workmanship is an obligation to perform at a certain level of quality. Alternatively, a one-year correction period is when a party has the obligation to fix the defective work. Keep in mind there is a burden of proving why the work failed. If a contract includes a one-year correction period and contracted work fails for some reason, the contractor is on the hook, no questions asked. However, after the one-year period passes and work fails, that corrective period is done and passed. The customer may need to prove that they breached the warranty of good workmanship in order to force the contractor to fix the work. Finally, you will need to keep in mind the time for making a claim against the contractor for poor workmanship. There is a certain statute of limitations or a period of time in which the claim MUST BE FILED. If the contractor refuses to repair within the one-year correction period, their customer (or you in this case) can file a lawsuit within the statute of limitations period, but after the one-year period correction period has ended. In regards to whether there is a one-year correction period included in your construction contract and any implied workmanship warranty, you should contact a Florida construction attorney.
Next, let's look at the contractor's mechanics lien rights here. One of the biggest areas of disagreement on the construction project involves workmanship issues. The mechanics lien remedy is a great option for when the workmanship is in dispute and the contractor has not been paid. The reason is simple: proving that workmanship is below par will require expensive and extended litigation because these types of issues often require a full-blown trial. Yet, when a mechanics lien is filed, it ties up the property and has consequences to the owner and prime contractor immediately with no trial or further legal action required. The only remedy for the property owner or prime contractor to fix a mechanics lien problem is to file the lien claim or file an action challenging the lien. You can also bond off the lien, but that is not a bad thing at all). I hope that gives you more insight into mechanics lien rights and how to move forward. Good luck!