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Should we do a counter claim or let the judge decide after reviewing the documentation and photos

FloridaConstruction ContractDefectsLawsuitLien DeadlinesLien Foreclosure

My friend hired a licensed roofer Contractor that did poor workmanship and damaged the roof. claimed he was finished and called in city for final inspection the 6th of May 2019. failed the 1st inspection failed 3 more times then another inspector passed it. weeks later I spoke with chief inspector and showed him all the photos of the work that his inspector passed. Chief inspector removed his pass and failed it that minute. contractor came back to complete list of items that did not meet code. another inspection was done the 7/16/2019 with partial approval and a pass 7/17/19 . The roof was a metal baked on gloss finish. the contractor drilled holes in wrong spots and scratched large areas then painted it with a flat non factory color spray paint that was flat and textured and not the same color as the panels. roofers supposedly replaced every screw that his team destroyed by over tightening and also dented all the metal it looks like it went through a hail storm and paint that does not match color and silicone covering holes and spray painted over. we sent certified letter saying fix the cosmetic and replace the damaged panels and get paid. the contractor sent over a lien the 23rd of Sept 2019. we contest the lean the 8th of October and he filed suit the 9th of December. She wants a quality roof that has not been poorly installed by re screwing the same hole multiple times and looks new for resale if she wants to list her home. from everything I have read here his 90 day clock started ticking when he called in for his first final and because he had to fix his mistake repeatedly he cant count that time to restart the clock. we have reported him to the DBPR, BBB, dept of agriculture and spoke with the AG office in addition to hillsborough county consumer affairs. It seems like roofers can do poor quality work sold as brand new and not have to be held accountable. She still has not paid and wont until it is corrected or the lien gets released so she can find a better roofer and remove this beat up roof.

1 reply

Dec 20, 2019
First, any time there's a lawsuit and legal claims involved, it's a good idea to consult a local attorney. While individuals are entitled to represent themselves pro se, it's rarely a good idea to do so. With that in mind: Parties in a lawsuit should generally exercise counterclaims if they have them. It's generally not a good idea to leave things up to chance. Instead, bringing all issues to the court's attention and giving the court a full picture of all relevant circumstances is usually a much better way to go about things. Regarding the Florida mechanics lien deadline - you're right that the deadline to file a valid and enforceable Florida mechanics lien claim is 90 days after the last day when labor or materials were furnished to the project. Generally, returning to a job to perform mere punch list work or corrective work will not serve to extend this timeframe - rather, the 90 days begins to run from the last date when substantial labor or materials were provided to the project under the agreement for work. However, every situation is different and it's possible that, based on the exact work performed, a court might rule differently. For more information on Florida's mechanics lien requirements: Florida Mechanics Lien Guide and FAQs.
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