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What kind of advise and / or assistance can you provide in relation to details below?

I hired a roofing contractor to make repairs to my roof. The result after signing the proposal contract and paying half the cost up front was the contractor abandoning the job, leaving behind incomplete, shoddy work. When contacting the contractor to inquire on when they would return, they stated the job was complete and demanded remaining payment. I sent several photos of damaged roof areas that were never repaired as agreed upon both verbally and in contract, along with damage they caused to the roof. The contractor broke tiles on the roof while at the property causing additional damage that requires further repair in addition to repair work remaining. The contractors response was demanding that everything was complete and to make payment or else it would be very bad for me. About a month later now, I received a certified letter in the mail on Saturday, stating that if I didn't pay them the other half of the balance shown on their contract within 5 days of receiving their letter, they would file a lien on my home and take action to have it foreclosed to take payment. I'm in need of a Law Firm that can assist me with this case of breached contract and threat imposed by this contractor. I'm looking to obtain feedback on best approach for this situation, including legal options.

1 reply

Dec 5, 2019

Florida contractors are generally entitled to file mechanics liens when they've gone unpaid for their work. Of course, lien rights are limited to amounts that are actually owed for work that's done - so, if the work is defective or incomplete, then a contractor won't typically be entitled to file a lien for the full amount of the contract. Still - keep in mind that a contractor will still be able to file their lien even when there's a dispute over the workmanship and even when there's a dispute as to what's owed for the work that's been done. Though, an owner can certainly challenge any lien claim that's overstated or flawed. Before going further, I think this resource should be valuable: I Just Received a Notice of Intent to Lien – What Should I Do Now?

Fending off a Florida mechanics lien filing

It can be hard to block a mechanics lien claimant from filing a lien in the first place, though there are a number of ways to challenge a lien once the claim has been filed. While there may not be procedural tools to block a lien claim, an owner may be able to convince a claimant to refrain from filing a lien. Notifying a potential claimant of the flaws with their claim and informing them you intend to fight the claim tooth and nail can be really effective. This is especially true when attention is brought to the potential fallout from an overstated or fraudulent lien claim. In Florida, claimants who file overstated lien claims could face felony charges and significant damages under Fla. Stat. § 713.31. So, if a contractor is aware of the consequences of filing a questionable lien, they should be less inclined to proceed with the claim.

Once a mechanics lien is filed, Florida owners have a number of tools to fight the claim

Once a mechanics lien has actually been filed, Florida property owners will be able to fight the filed lien in a number of ways. I've actually discussed some options for fighting a FL lien claim on the Expert Center recently: How to fight a Florida lien claim. As you mention in your question, it can be helpful to consult a law firm when fighting a lien filing. But, there are steps an owner can take on their own before a lawyer would be necessary - like by filing a Notice of Contest. But, consulting a lawyer could definitely be helpful - and even necessary if legal action becomes a reality.

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