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Can unlicensed water restoration company put lien

Florida

I received a Notice of intent to Lein from Water mitigation company. I did research and found he is unlicensed and advertised falsely on his website that he was indeed licensed. My home insurance company paid the $3K that was due to him for his water mitigation Services. The water mitigation company sends us a bill for $17K balance which the insurance company told us they will not pay after going thru third party review. Can an unlicensed water mitigation company follow thru with a lein after a notice of Intent to lein was sent to the homeowner in Florida? How was the mitigation company able to send a Notice to intent to lien being unlicensed?

6 replies

Jun 22, 2020
First of all, water mitigation and water restoration are two different things. It is not clear from your question which you mean. You may also be referring to "mold remediation" which has its own licensing. But generally speaking, if work was done which requires a construction license, then no, they do not have lien rights if they do not possess a valid construction license.
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Jun 22, 2020
Does a company that performs water mitigation require a license in Florida?
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Jun 22, 2020
There is no "water mitigation" license per se. But the better question is, what services did they provide? Because if all they did was dry out your house, they did not need a license, but it also is not lienable. Only a "permanent improvement" to real property is lienable.
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Jun 22, 2020
The water mitigation company dried out the home and removed the laminate flooring and baseboards. Would removing the laminate flooring and baseboards be considered a “permanent improvement” ? Thanks for your prompt replies.
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Jun 22, 2020
No - I would consider that part of the drying-out process, not a permanent improvement.
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May 15, 2021

Is there accountability for a water mitigation company that doesn't need license for implying they can lien as a way to mislead induce payment?

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