I'm in Oregon and started remodeling a house in Florida. I know I can add my time and materials . My question is can I add a sub I paid for with my money. If I framed the wall but had someone install the sheet rock?
1 reply
Jan 31, 2019
The amounts that can be claimed in a lien filing can vary some from state to state. In Florida, a claimant must be careful with respect to the amounts claimed in the lien. Extraneous amounts for anything not specifically contributing to the permanent improvement of real property are not allowed in a lien claim. However, attorney’s fees are recoverable as costs in a lien foreclosure action (pursuant to F.S. 713.29). Note, however, that despite statutory authority making these fees available, it is difficult to be certain whether or not they will be awarded in a specific case.
Additionally, Florida allows lien claimants to include “unpaid finance charges” within the lien claim, provided such amounts were contained within the contract.
With respect to work accomplished by a sub, to the extent such work was included in the direct/original contract with the property owner, it is work subject to a lien. The direct contractor is responsible for getting the work done, and presumably included payment for that work into the original contract. Further, the GC is generally not relieved of an obligation to pay the sub whether or not the owner is refusing to pay.
Florida lien claimants must be careful to not exaggerate their lien claim, though. Florida does not allow lien claimants to include amounts for unapproved change orders, unperformed work, or similar claims for damage payments within the mechanics lien. Doing so can lead to a claim that the lien is fraudulent due to exaggeration of the amount due - and this is a third degree felony in Florida.
Also note, that contractors must be licensed in Florida in order to claim a valid mechanics line in that state.