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Construction lien

FloridaMechanics Lien

I signed work authorization for a roofer to take my roof through insurance and it got approved but I do not wish to use this roofer anymore and they have not provided me any type of work or materials. They are threatening to lien my property but my understanding is they cannot lien my property until they’ve provided me with either work or materials. Is this correct?

2 replies

Jun 14, 2021

You are correct. The roofing company may not lien your house based solely on the contract. They must first provide labor or materials for the improvement of your property. They could still file a lawsuit for breach of contract for alleged lost profits if they can prove you breached the contract. The type of contract you signed is likely an "assignment of benefits" contract which is governed by strict requirements under Florida law. If and when the roofer threatens to file suit, you should consult a construction attorney on your rights.  

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Jun 14, 2021
That’s correct. They may not know that, but they can line for goods and services provided to improve the property, not for breach of contract. This is a pretty common tactic.
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