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Will I go to jail?

Anonymous Contractor

My husband and I do home repair and remodeling in FL. We had a verbal agreement about the job and payment. We completed the gut, and the owner was suppose to pay us our first installment today, he has refused. His water lines were leaking after the removal of sinks, my husband bought and installed the plugs. So my question is, can we remove our plugs?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Jan 12, 2018

Under § 713.15, while materials delivered but not used may be recoverable, the right to repossess property is only applicable when those materials have not been incorporated. Even then, repossession is restricted by certain requirements. However, a mechanics lien claim may be an applicable remedy in such a case - Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. Otherwise, bringing an action against the owner for amounts owed will be another method of recovery. As far as the question "Will I go to jail?" goes, it would be wise to consult a local attorney, but repossessing installed materials is likely not advisable.

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