I have had an improper lien filed against my property and need to know how to get this removed. I have my property in Florida. Please let me know what are my options. This contractor ruined my floors and it is I who should be suing him for the damage done. Thank you. Gianni...Read More
Good day: My daughter has a home that she will be selling very soon. There are 2 very expired liens on her home from work done over 10 years ago. They were never renewed, no money is owed. How does she remove these liens in order to avoid any complications at closing? I've searched for a form to file with the court but can only find one to be used by the contractor not homeowner. Property is in FL. Thank you, VC...Read More
I am a homeowner and started my pool build in May 2020, it is now 10 months later and my pool is still incomplete. Additionally, the workmanship of the Pool Builder (PB) and his team is very lacking. At this point, I have a gunite shell, incomplete deck and missing pool tiles, not to mention the countless other questionable things that have occurred. It all came to a head when they expected me to pay for an incomplete deck. When I indicated, I would not and that I expected them to complete the job, they promised to take care of it for a week, before sending someone over to work on it for a few hours leaving it in worse shape than it was in prior. I have since fired them and now they are threatening to put a lien on my home because of a NOC currently on file. I recently learned that by law the contract should have been voided because I paid more than 10% down and they took 2 months to apply for the permit. At this point, I've paid them 3/4 of the cost of the pool and in order for me to finish on my own, I will have to pay in excess of $20,000. I believe they should be liable...What are my options? ...Read More
If I buy a Florida parcel of land at auction with a tax deed, and there is a defaulted mortgage on the parcel, am I responsible for the balance of the mortgage? Would I be able to eventually get a "Warranty Deed"? When would that defaulted mortgage be cleared from the title?...Read More
We provided a final on 02/07/2020 for a school project in Florida from 2019. The same contractor (customer) started ordering more material in June of 2020 though October of 2020 for the same project. We did not file a new NTO on the project. Does the final we provided on 02/07/2020 cover all subsequent invoices, or is it voided because they ordered more material after the final? ...Read More
Good morning. We are a Electrical Contractor in Fl and I have a question regarding conditional releases.
We routinely setup job accounts with suppliers. The suppliers in turn issue NTO's to owners and the GC's.
We have had a few situations where the GC with withhold payment (to us) until they receive a unconditional release from said supplier.
We pay the supplier with the monies received from the GC so we are in a constant loop where the GC will withold payment to us until we pay our supplier.
Is this legal? Is there a workaround for this?
I would love to have you guys at my disposal, it seems that you are well versed.
Thank you...Read More
I am a sub for a GC and just got a request to sign and notarize a Partial Release of Lien which reads: "The undersigned lienor, in consideration of the sum of Check #5090. Received, hereby partially waives and releases its lien and right to claim of lien for labor services and/or materials Furnished through November 23, 2020...." The job is only half way finished and GC is not answering to schedule rest of job. Is this a normal practice or does GC have some arterial motive or trying to get rid of me?...Read More
I was never issued a NTO from the GC roofer but was notified of a lien 4 months after the job started. I contested the lien and never received any response from the roofer in the 60 days period and still have not. All inspections on my new construction was done through a Private provider hired by my GC. This has been a 18 months process due all other liens and my builder not willing to care of his obligation. We have paid over $30,000 of other valid liens and other cost trying to get this construction finished on our own but under the builder permit. We are finally at the end stage and all inspections have pass including the roof but now was told by the PP and builder that we could not apply for the CO without a roofer attach to the permit and sign off on by the roofer which we can't get. The city of Cape Coral advised without this they never will be able to issue us a CO. This is on top of all the aggravations we went through the last 18 months from the lender not asking for liens waivers, been notified by us that the subs were not getting , finally stopping the draws , also agreeing for us to keep the construction going but not releasing the funds causing us law suit and costly attorney fees and penalty to the liens holders and also charging us more interest and extension penalties. Also we had to convince the city to ask the builders to ask for revisions to the original plans since the builder didn't follow them and the PP never inspected according to them either. Anyway just wondering how we can keep the roofer from holding up our CO....Read More
We have a laborer who is not honoring the written proposal cost and suggests he should be paid more than the proposal he originally wrote up and agreed to. Now that it is time for him to accept the final payment, he refuses to. All the bookkeeping and calculations are in full detail and correct, but he continues to disregard the evidence and demand he is paid more without reason. Can he put a lien on the house if he is not paid for the overcharged amount he is asking for and if so, can I fight against it to show he is abusing the power to put a lien on the home??...Read More
I need to purge some files, and just not sure how long I need to keep original ROL? We already have them scanned and saved electronically to the job folders, but how long do we need to keep the originals?...Read More