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Olympus pools is filing a lien for final payment

How do I prevent lien when pool company has not provided an affidavit that subcontractors have been paid or the proper final releases as required by the Florida department of business and Professional regulation. The pool plaster needs repair. The company says they will fix it but have not.

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Jun 10, 2020

If an improper lien is filed against your property in Florida, there are a number of ways to combat that lien. If the lien hasn't yet been filed, then options become more limited. While there are plenty of ways to respond to a mechanics lien filing, preventing a Florida lien before it's filed can be hard. One option may be to threaten legal claims if the lien is filed and to remind the claimant that fraudulent Florida liens will result in a 3rd degree felony. Further, even if the lien doesn't rise to the level of fraud, the claimant could still lose out and be responsible for damages, costs, and fees. If the claimant understands the seriousness of making an improper claim, they may be more willing to try and work out the issue before filing the lien. With that being said, keep in mind that mechanics lien claimants are able to file liens even if there's a dispute over what they're owed and even if there's a dispute over their workmanship. Those issues could would be hashed out during a lien enforcement suit, if need be. Plus, keep in mind that Florida has construction defect laws on the books - and defect claims procedure should be closely followed if you'll be arguing the work is unsatisfactory.

Responding to an improper lien filing in Florida

For one, identifying the issues leading to the invalidity of the lien (like failing to provide necessary documentation) and demanding that the lien be released might be a good start. Including legal threats that will be carried out if the lien isn't released could be useful, too. And, certainly, using the help of an attorney could be valuable to get the claimant's attention. Further, Florida owners are able to file a Notice of Contest of Lien to shorten the timeframe for filing a lien enforcement action. That acts sort of like a game of chicken - it forces the claimant to either enforce their lien claim within 60 days, or to let the lien expire. And, if there are obvious flaws with the lien claim, the claimant may opt to let that lien go. Further, by filing an Action to Show Cause, the enforcement (or at least response) period is shortened to a mere 20 days. But, that does constitute a legal filing and will likely require the help of a Florida construction attorney. For further discussion on both of those options: Florida Owner Contesting A Lien? Contractors Must Act Quickly to Enforce Another option would be to flat out challenge the lien claim on its merits via legal action. Or, if you need the lien quickly removed from the property title, bonding off the filed lien could be an option too. Finally, this article should provide some good insight: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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