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Pool refinishing.. defending against lein

FloridaMechanics Lien

I hired a contractor to refinish a pool. Quoted 3 days took over 30 because of no shows. $4200. Have paid most of the money except the final payment Because I'm unsatisfied with the final product. Apparently she never pulled a permit. I've told her I would pay if she gets a manufacturer's rep out here to let me know that this finish will clear up over time (which she agreed to but did not do). She has come out several times to vacuum and clear up and scrub the pool surface with no change. She is now attempting to charge me for these visits. She is filing a lien on my son's property. I hired her.

1 reply

Mar 2, 2020
Mechanics lien rights will arise when work is performed but not paid for, but they'll only be available against the property where work was performed - not the property of a relative, friend, etc. So, a mechanics lien filing against some other property will generally be invalid and unenforceable. Plus, notifying the claimant of that and threatening legal action if the lien is filed can help to stop the lien from being filed in the first place. With that being said, it's possible that a claimant may end up filing a perfectly valid and enforceable mechanics lien at the project property even if there's a dispute over the workmanship and even if there's a dispute over what's owed for the work. Though, an owner would certainly have their opportunity to challenge the filed mechanics lien, dispute what's owed, and assert that the work was not done in a workmanlike manner.

Defending against a Florida mechanics lien

Before a lien is actually filed, it can be hard to block a mechanics lien claim. As mentioned above, sending a demand that the lien claimant refrain from filing can be a good option. This is especially true if the owner can point to specific documentation showing the payment claim is improper, documentation of faulty work, etc. What's more, exaggerating a Florida mechanics lien can result in a 3rd degree felony - so putting a claimant on notice of that, if their claim is excessive, can help them come to a more reasonable payment demand. Once a lien is filed, though, Florida owners have some options for fighting a lien claim. They can file a Notice of Contest to shorten the enforcement period to 60 days, or shorten the time to a mere 20 days by filing and serving a summons and complaint to show cause. Further, counter claims for damages due to the lien claim could be on the table. And, finally, bonding off the filed lien claim would be an option, too. Mechanics liens are serious business, though. So, if a lien filing is imminent, it might be wise to consult a local Florida construction attorney - they'll be able to review the project documentation and other relevant circumstances and advise on how best to move forward. Additionally, these articles might help:  (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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