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Home>Levelset Community>Legal Help>In Fl. If I have done work dersctly for the owner with a singed contract as a (no lic needed) painter and didnt file any NTO Can I get a theft of serices chared against the owner I amowed over 4700 and they wont pay the last message they sent stated that they will pay 1000 of the debt

In Fl. If I have done work dersctly for the owner with a singed contract as a (no lic needed) painter and didnt file any NTO Can I get a theft of serices chared against the owner I amowed over 4700 and they wont pay the last message they sent stated that they will pay 1000 of the debt

FloridaPayment Disputes

Painted the property over 5 months ago and they came in said it needed touch up BUT didn't allow me to return to do touch up for a rental property they own (they live in Maryland DC) wanted to only pay 1900 of a 4700 + invoice stating that they had someone else repaint the areas for 1400 and were charging me the remainder 1400 for them to travel to Destin Florida to inspect the property I should have had the opportunity to rectify any imperfection (if any) and I cant see paying for the couples vacation just to see what theyre Management company on site could have surveyed an told them if it was good or not, and if I needed to touch up?

1 reply

Mar 22, 2018
Theft of services dips more into Florida criminal law than construction payment, so unfortunately I will not be able to provide any information regarding the availability of alleging theft as a course of action. However, other options to enforce payment are quite likely available. While a mechanics lien might not be an option (Florida law requires that all lien claimants file their mechanics lien within 90 days of the date they last supplied labor or materials), the threat of a mechanics lien filing is often enough to convince a nonpaying party to make payment. Next, sending a demand letter through a local attorney may also be helpful in spurring payment from a nonpaying party. If threatening suit isn't sufficient to make an owner pay what's due, making a claim in small claims court is also an available option - in Florida, legal disputes under $5,000 may be taken to small claims court. Ultimately, these are just a few of many available options for moving forward, and consulting a local construction attorney could help clear up potential recovery methods. Plus, they'll be able to advise you on how to proceed.
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