How to proceed getting a Contractor's Final Payment Affidavit before Lien is filed ?

1 month ago

Roof repair completed August 6, 2019. Insurance paid 10K and I am billed $9K more. Insurance refuses to disburse balance due. Contractor sent Intent letter to Lien Mobile Home for unpaid bill. Per FL Statute 713, I can withhold monies until Contractor ascertains all people participating on the project have been paid. I sent Certified letter to Contractor asking for a list of subcontractors, sub-subcontractors, suppliers and material-man about 2 months ago. No reply. Yesterday, I sent new Certified letter asking for Contractor’s Final Payment Affidavit before I pay final bill to make sure who remain (if any) without pay. Still have not heard from Contractor. Looks to me Contractor wants to file lien without giving me this info. How can I protect myself and properly pay outstanding bill without knowing whom (subcontractors, sub-subcontractors, etc) participated in project, the pay they deserve and if they are paid in full? I need to stop Contractor on its tracks (I am under the impression they probably want to charge me interest charges, like if I am a money printing machine and that’s an act of bad faith) and stop further modifications to the filed lien if it goes through. Thank you for your response

Attorney Nelson Mullins Broad and Cassel

If you requested a sworn statement of account and a list of subcontractors and the contractor failed to respond, his lien would likely be void the moment it was filed. Further, even if the GC records a lien, he/she will have to provide you with a contractor’s affidavit before filing suit to foreclose the lien, so you will ultimately receive the affidavit you are looking for if the contractor tries to enforce the lien. All that being said, there’s not a lot you can do to force him to provide you with the affidavit other than telling him you’re withholding payment until you receive the affidavit.

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