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Home>Levelset Community>Legal Help>Looking for direction as an unpaid subcontractor. The details below tell the story...

Looking for direction as an unpaid subcontractor. The details below tell the story...

FloridaLien ForeclosurePreliminary Notice

I'm a subcontractor, cabinet painting, that wasn't paid for a job and would like to get an idea of the process and timeframe I could expect. Considering the undisputed facts below, could I do this myself, could i do it with help of levelset or do I need a local attorney. This is the first time in 6 years of paitning that I didn't get paid and I have always followed the lien law timing requirements perfectly. In this case my work was on time and the quality perfect, the notice to owner was served on time and acknowledged and the claim of lien was filed on time. NOW LISTEN TO THIS. The owner never filed a notice of commencement and as it turns out the contractor was unlicensed and about 6 months back was served a stop work order from the DBPR. Consequently no building permits or inspections were done. The job should have had one for the remodel and the major plumbing; I learned all this when I went to the county to get information for my NTO. I told the owner all of this immediatly and gave him info from the county building department. So, the owner actually knew all this before making the final payment, so you can imagine how shocked I was when he made the final payment to the contractor and never asked for or received the final payment affidavid. Our best guess the contractor somehow bullied his way into getting paid by the owner and as you might expect left town the very next day and has not been seen since. Direction Please

3 replies

Dec 8, 2021
I recommend that you send the owner a copy of the lien, which is a legal requirement, with a letter saying that unless you are paid you will turn it over to an attorney to file a lien foreclosure lawsuit.
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Dec 9, 2021
I have always filed the claim of lien, and always paid until now. Property appears to be vacation home for Texas surgeon, same doctor has owned it since 2010, he paid it off in 2016, I sent the claim of lien certified mail to the address on the deed, it was received and signed on November 5, 2021, signature not legible but verified address as good. It has not been contested, now just over 30 days since lien was sent and signed by someone in Texas. That's where I am at. I know my "ducks are in a row" , nothing left out as far as timely notices, its now time time to enforce that lien, that's my uncharted waters. That's where I am at and looking for advice on. . Someone that's makes under 100k (me)suing someone that's makes 7 figures..(doctor).. his texas home appraisal nearly two million, florida condo I worked on at million. He does well.
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Dec 9, 2021
If you would like to discuss this please contact my office to schedule a telephone conference. basslawoffice@comcast.net
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