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What do I do about a dishonest contractor threatening a lien

I had a contractor in florida perform some work in my coop, the work is terrible, the workers were from home depot parking lot, late every day, I the home owner had to go get materials, my contract says materials not included not I need to supply or pick up. The work not completed. I stopped the check. What is my recourse. Paul

1 reply

Dec 12, 2019

It can be hard to procedurally or officially block a Florida mechanics lien claim before it's actually been filed. With that in mind, let's look at some considerations below. And, before we dive in, I think this resource should be valuable: I Just Received a Notice of Intent to Lien – What Should I Do Now?

How to fend off a Florida mechanics lien claim

Convincing a Florida mechanics lien claimant not to file their lien is often a helpful route to take in fighting a potential lien claim. If an owner can show why a claimant's mechanics lien claim would be unsuccessful or even lead to liability for them, they may decide to back off - at least on the mechanics lien front. Specifically, asserting that their lien claim would be invalid, unenforceable, or even fraudulent can be particularly effective. And, to be sure, Fla. Stat. § 713.31(2) states that mechanics lien claims that are willfully exaggerated are considered fraudulent - and fraudulent liens can lead to the loss of lien rights, a felony, and even additional damages. So, if a claimant is threatening to file a lien that would be exaggerated or unfounded, threatening to fight the lien tooth and nail could be an effective way to fend off the lien claim. This is especially true when done via attorney - and consulting an attorney could help to identify counter-claims against a contractor as well.

Once a mechanics lien is filed, an owner will have additional options for fighting a Florida lien

If and when a mechanics lien filing takes place, an owner will typically have greater ability to fight the payment claim. Florida owners are entitled to bond off mechanics liens, shorten the lifespan of the lien via a Notice of Contest or Complaint to Show Cause, or even to challenge the lien filing via legal action.

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