We have a customer that purchased materials. They have yet to pay us on the account. They forged an unconditional release of lien with the signature and notary stamp and provided that to the general contractor. The GC is extremely upset that they paid a scam artist company. Can we take legal actions against this customer?
I agree with Raymond. Contacting the police and establishing a paper trail for this dispute should be high priority if activity like forgery is involved. Additionally, reporting the customer to the FL attorney general's office and to the Florida Department of Business & Professional Regulation could be useful.
As for legal actions - yes, there should be a variety of legal actions available against a customer who has breached their contract, taken off with funds owed to you, and forged your signature. Consulting with a local FL construction attorney could help identify which actions have the highest likelihood of success. For help finding the right attorney: Top Florida Construction Lawyers.
Finally, note that if someone else forged a lien waiver with your name on it, but if you never signed and submitted a waiver yourself, then you generally have not waived your mechanics lien rights. So, proceeding to recover payment as if your lien rights are unaffected may be a good strategy for recovery as well. Even simply threatening to file a mechanics lien (with a Notice of Intent to Lien) could be enough to force payment.