Home>Levelset Community>Legal Help>Impact window contractor - breached of contract

Impact window contractor - breached of contract

A contract for upgrade of impact windows signed on April 2018. The Contractor didn't finished the job within the contractual agreement; now have passed already 1 year and six months and the windows where finaly installed but the permit from the city of Aventura was partialy approved because the exterior caulking and adjust frame need to be corrected. The contractor is refusing to do that job and he said that he is going to put a lien in the porperty. As a consumer what are my rights?

1 reply

Sep 16, 2019

Florida mechanics liens are bound by strict deadline requirements. And, if a lien claimant fails to file their mechanics lien on time, then even a completely-valid payment dispute cannot result in an enforceable mechanics lien claim. Florida mechanics lien deadline In Florida, a lien claimant must file their lien within 90 days of last supplying labor or materials. And, generally, mere punch list work or warranty work won't extend this deadline to lien. So, if more than 90 days have passed since substantial work was done, then a valid and enforceable mechanics lien cannot be filed. Florida owners' rights when facing lien claims Regardless of any deadline, there are a few ways in which an owner can fight a lien claim or a potential lien claim. For one, showing the lien claimant that their lien would be improper and that they may face penalties - even, potentially, a felony! - might convince them to stand down and not file their lien claim. This is especially true when an official demand letter is sent via attorney, pointing out the deficiencies in their claim and what steps will be taken to fight the lien. However, it's hard to officially or procedurally block a Florida mechanics lien before it's actually been filed. For more discussion on what owners can do in the face of a potential lien: I Just Received a Notice of Intent to Lien – What Should I Do Now? Challenging a Florida mechanics lien after it's been filed Now, once a lien has been filed, an owner will generally have a few options for fighting off that lien claim - like bonding off the lien or challenging it. Specifically, Florida owners can challenge a filed lien claim and shorten the timeframe for filing suit on the lien via filing a Notice of Contest of lien, or by filing a legal summons and complaint for the lien claimant to show cause why the lien shouldn't be enforced or vacated. Both options would then shorten the timeframe to enforce (file a lawsuit) on the filed mechanics lien.

0 people found this helpful

Helpful