Can a person sue a homeowner that doesn’t get a permit pulled and signs a contract with you for some home renovations and decides not to pay you what is the legal procedure ?
1 reply
Aug 19, 2019
When unpaid on a Florida construction project, one of the most powerful payment recovery tools will be to leverage a Florida mechanics lien.
Tools for payment recovery
In Florida, like other states, mechanics liens present one of the strongest payment recovery tools out there. Mechanics liens are generally available to those who provide work that improves real property but aren't paid for their work. Because a mechanics lien filing puts the owner's title in jeopardy, a mechanics lien filing cannot be ignored - and they regularly lead to payment without the need for legal action. Of course, because it's such a powerful tool, mechanics liens also come with a lot of responsibility (which comes by way of strict notice and deadline requirements). You can learn more about Florida liens here: Florida Mechanics Lien Guide and FAQs . And, for a step-by-step guide on how to file a Florida lien: How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid.
Because mechanics liens are so powerful, though - the mere threat of a mechanics lien filing is often enough to compel payment. Sending a document like a Notice of Intent to Lien acts like a warning shot, informing the owner that if payment isn't made, a lien claim will be filed. And, considering the drastic nature of mechanics lien claims, owners tend to take the threat of lien very seriously, too. More on that here: What Is a Notice of Intent to Lien and Should You Send One?
Finally, there are plenty of other options outside of the mechanics lien process that can help with recovery. Small claims court, collections, or even pursuing traditional litigation might all be viable options, depending on the situation. You can learn more about non-lien options here: Other Options For RecoveryPermitting issue
Regarding an owner's failure to pull permits, I'm not sure that would serve as the basis for legal liability, without more. But, if a contractor faces liability for working without a permit, and if the owner was supposed to pull the permit, the contractor may be able to explain that to whoever is coming after the contractor for failing to obtain the permit. Or, the contractor may be able to make a claim against the owner (perhaps in small claims court) to have them indemnify the contractor for any fines or penalties that come as a result of the failure to pull the permit. But, in either case, it'd be important to have sound documentation or proof that the owner had agreed to pull the permit.