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What is the best course of action to collect this debt?

FloridaMechanics Lien

My company provided metal roofing materials to a contractor for 3 condo buildings in Collier County, FL. We are owed approximately $60,000, and have sent the Notice to Owners/Contractor as well as have filed a claim of lien. The contractor is evidently in way over his head, as he has not completed any of the buildings, underbid the job, and is now avoiding us. The HOA is the "owner" for this project, and do not seem too concerned with paying us, though we do have a lien on each of the 3 separate buildings.

3 replies

Jan 12, 2022
The roof would be a common element of the condominium making the association the responsible party. You have the right to file suit to foreclose the lien(s). The prevailing party on the significant issues in the case would be awarded its attorney's fees. Court costs would also be awarded. Payment of fees and costs is secured by the lien. The association would have to make a special assessment of the unit owners to pay the lien amount as determined by the court. I am in Naples if you would like to speak with me about the matter.
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Jan 13, 2022

Your next step is to file suit to foreclose the lien, presuming you did everything correctly when filling out and recording the lien and timely filed it and timely served your NTO. You may also have a breach of contract action against the GC depending upon the terms of the contract. Our office is in Boca Raton, FL but we do this kind of work all across the state of Florida. We'd be happy to set up a consultation with you if you call our office. (561) 361-8700. Ask for Jen and she'll get you set up for a consultation.

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Jan 14, 2022
If you timely sent out the Notices to Owner, recorded the claim of lien within 90 days after your final furnishing, and it has been less than a year after recording, you should start by sending a demand letter from an attorney to the HOA and the contractor, and then file a lawsuit.
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