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No contract with owner, contract with defunct builder.

FloridaConstruction ContractMechanics Lien

Hi, I'm having an issue with a homeowner. We were originally contracted by now defunct ONB Naples Builders. She hired and fired a second builder, VE. And we are now working with a third builder, BD, LLC. As the project is coming to completion after a little over 2 years. The homeowner is telling me that she had never seen some change orders that we have a signed contract for, from over a year ago, and that she never signed and agreed to them. The change orders are signed by ONB, the original contractor. All of my AIA G702-G703 draws show these changes, including for the latest payment that she signed a check for. My point being, that she has already paid off part of the change orders. The problem is that I think she genuinely forgot agreeing to these change orders through ONB. She seems genuinely surprised. Monroy Electric had operated with the assumption that it was all a done deal. The extra work is complete. We can go around the house and count the extra appliances she added, the extra lights she added, etc, when comparing the home to the original drawings and our contract based on those original drawings. I have copies of the change orders signed by ONB, and the thought had never occurred to me to have these signed again by the homeowner, who is now paying all of the subcontractors directly. She is on the job site almost every day. So all the extra stuff can't be a surprise to her now. Are the copies signed by defunct ONB good enough as an agreement? Or the last check she paid , tied to the last AIA G702-G703 draw that included these changes, is that good enough?

3 replies

Apr 27, 2020
Seems like you have a good argument and position re: the executed changes. It is uncertain what the disputed amount is from the question. I would work with an attorney to make sure you've properly preserved your lien rights, particularly with the number of general contractors the homeowner has hired and you have worked with.
1 likes
Apr 27, 2020
Thank you David, I will be reaching out to some attorneys, do you work in Naples, FL?
0 likes
Apr 27, 2020
Yes, I do work throughout Florida. Feel free to email me at dma@kirwinnorris.com to set something up.
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