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As a GC, we have hired a subcontractor to perform site work on two projects. The site contractor hired a paving subcontractor on one project. We paid the site subcontractor to pay the paving sub subcontractor and he did not. The paving sub subcontractor has filed a notice to owner on the second project and is holding up funding for a project they did not work on. What is the next step as the sub subcontractor refuses to rescind the notice to owner.
FloridaWe are separating from our agreement (both of us have agreed to this as neither is benefiting from this relationship) and I want to have my lien rights protected in case there is an issue of payment.
FloridaHello. I built a brand new home, obtained CO Aug 31, 2018. In end of June, at this point the build was almost 5 months delayed due to hurricanes, rain, lack of subs...you name it. As a result, many things were done out of order, one in particular was laying the bamboo wood flooring. The sub for this work laid it without, A, climatizing the wood because the A/C wasn't even on yet when they put it down and didn't go on for roughly ten days later; and, B, they used the wrong glue. I questioned all of this at the time, but all I got was excuses and bullying and contractor telling me it was fine. There was nothing I could do but trust him. A few weeks after the A/C finally came on, the wood started to buckle in a few areas. So, of course I had to go to my contractor and the floor installer. They made 3 different attempts in 3 different areas to fix it by squirting glue into the seams with a turkey baster and laying weights on the areas. Some of it worked but left cupping at the seams, and some failed. I was really upset, asked it to be lifted up and reinstalled properly. My contractor refused, stating it was a manufacturer's problem, cheap flooring from China, etc., and go to them and lodge complaint. I did. They helped. Said first I needed an expert certified floor inspector's report. I did that. Floor inspector found it wasn't climatized, used wrong glue, did not do joints right, and a host of issues. It's glued to concrete on first floor, so that's not buckling but it's cupping. 2nd and floor are buckling. One room go so bad, it is like mountains and valleys in there. There's slight buckling in lots of other places, but more what's happening is the wood is just loosed, not glued to floor, hollow feeling, bouncy in numerous places all over the two floors. I've been told it will never work they way they were trying to fix it. Once they shoot glue in one seam, it pops up somewhere else. I had to put a stop to the repairs while exploring all this, and once I got the independent report, I asked them to pick up the weights and dehumidifiers and everything else they were leaving around and get out. In the midst of this, everything else was done, CO was issued, builder went away on vacation and told me to go ahead and move in and he would address the floor issue again when he got back from vacation. I have not let him back in based on the report and my feeling he will just bully me into letting his sub come back in and keep doing the same thing. I got an attorney. Now the attorneys are going back and forth. We are following the F.S. 558 construction law in Florida, but the contractor is only offering to fix one half of one room and basically ignoring the certified independent report. He's refusing to do anything else and now blaming on me moving in too soon, breaching the contract, etc., etc. It's very stressful. I have held back money, but I have a beautiful expensive home and cheap, poorly paid floors because of what they did and I'm not sure what to do next. No lien has been filed against me. All I want is the floor fixed and the costs to move out, etc., and they are refusing even though clearly they were wrong and I have tons of emails and proof. Any suggestions?? Thank you.
FloridaIf my hiring party (the general contractor) signs a lien waiver and sends it to the Property Owner, does it affect my lien rights in any way?
FloridaI was under contract on a Property that I was purchasing. Unfortunately I'm no longer on the contract. And I would like to get reimbursed on the expenses on the property.
Is it possible and am I able to place a lien on the property?
FloridaRe-Roof homeowners house and now he is not paying.
FloridaThe Condo Assn hired us to handle water damage, mold remediation, and the build-back for multiple hallways (common areas). This has been an ongoing project. We do not want to file liens against individual units. Only for the common areas that the Association has hired us to do.
FloridaNumerous people agreed to a storage service for the Florida summer for golf carts by an individual who had performed cart repair service in a resort community. Months later the individual could not be contacted, the storage facility indicated he has defaulted on the rental agreements and they are following state law which may result in actioning off others personal property. Can I and fellow residents file a lien on the individual and serve the storage facility papers so the golf carts can not be auctioned off?
FloridaI asked the subcontractor for the inspection reports upon completion of the work and he did not pull any permits. Bottom line, he is not licensed neither the plumber. This was a major renovation project $151K. Tile and cabinets are poorly installed. I asked for a cooking island and he gave me an eating island, where I cannot cook because my elbows touch the stove. I asked for a bar and he gave me a pass throu. He double charge me for many items that were included in the bid.
FloridaHad roof redone entirely due to hurricane Irma. Contracted a roofing company and about to make final payment, need to know if they are required to issue a release of lien or lien waiver or a simple receipt upon receiving final payment
FloridaParents are leaving me their home that I am supposed to sell and split with my brother he's in the same situation with his wife right now there are 3 siblings that are supposed to split the house bothers wife is putting a lean against the house for the total amount of the House so if it's sold shell get all the money. Now I can't get any more information from my brother on this does she have to file these papers with the court and go beyond a judge and have proof she's owed this money. The property is in Georgia if he's doing this to her family he will most definitely do this to me
FloridaWe are a small Handyman Company in Deltona, FL business classification S-Corp (if that matters). Customer is disputing invoices & services after making things extremely difficult, gave us 2 options finish partial work on her set date or cut ties & only pay us what is owed? We decided to take the hit only get paid what was owed but now customer is deciding on her own how much she is willing to pay us . After we tried to settle things via email & text (all documented) with pictures of evidence to rebuttal each of her disputes we could not come to terms. Customer blatantly said for us to pursue legal action if we wanted to be paid the rest of the invoice due. To cover ourselves we sent a few past due invoice via email & square invoice reminders & then ultimately sent certified mail an NTO (within 45 days of work being started as we thought was our legal right). But we got hit back with reasons we have no rights to File Lien including that anything over $2,500 needed an NTO at time of deposit signing. We were hired for 2 jobs one for Crown Molding in which we subtracted a company to perform that work totaling original estimate $1,920 & a separate invoice for misc Handyman Work originally Estimate totaling $1853. Customer was well aware the estimates were separate as one job was to be completed by 09/03 (workers had work scheduled for following week already & could get job completed by the 09/3rd as long as all materials & access were provided) & the misc Handyman project to be completed by 09/05. Everything was on schedule but customer was unable to supply all materials by time needed we tried to make due but by 09/03rd (deadline for crown molding) but again by that date unfortunately a wall was still not knocked down by other company the homeowner contracted did not come to demo the wall (so the Crown Molding could not be finished in a separate room upstairs.) Though the work in the upstairs was removed from Final invoice she is now claiming that work to be unfinished. After a few back & forth communications she became very rude with us & became excessively picky, about a Glitter Paint customer provided. She did not want to pay our agreed set price, said the wall did not have enough glitter even though she provided the materials she expected for us to correct the color at no additional fee after work was already completed. She also refused to pay us a defective Shower system she provided for us to install that we found out later after it was leaking from all sorts of holes & joints that the shower head was a store model from a Home Depot (not a functioning piece just decorative item). Our handyman kindly removed it & reinstalled old system so they could have a functioning shower while they found a solution or replacement but customer is unwilling to pay that labor after we cut ties on the project. Customer only Paid in full Crown Molding Invoice, we sent but later decided not to pay us the additional cost to paint the Molding that we had earlier explained was not in her original estimate. She was upset about that but only told us she would not pay the additional paint after the paint to molding was already completed on the Handyman portion of the invoice & workers. There are a few other items she is disputing & being irrational about but nothing worth mentioning. We understand customers have a right to be picky &we have delt with these type of customers in the past but she is making a lot of false & irrational claims.
To make long story short is it even true we needed to disclose NTO at time of deposit even if 2 invoices set to be paid at separate dates totalled hire than $2500 in accordance to Chapter 713, Part 1. We read the entire Chapter 713 but see that in Cahpter713.06 in, Part 2a it states
"The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1."
Customer is also now claiming reason she is paying short bill due to cover out of pocket expenses she has to now incur to finish unfinished work (not even billed in the 1st place). Not sure if we even have rights at this point, as she states & she wants us to communicate the remainder of her Responses to Justin & Clark Associates she claims will represent her. Which most likely means if we do pursue a Lien she will want to take us to small claims court & be represented by a lawyer. Frustrating situation though we know we have all documentation to cover ourselfs & represent ourselves she seems she is trying to intimidate us with a lawyer. We just want to know if we have Lien rights before pursuing further actions, the Total unpaid is $638 but the time we lost by not taking on other projects (lost work opportunities) & not actually being payed what we were originally expecting set us back about another $1500 most likely more. We are just not sure how to proceed or if we even can proceed at this point
FloridaI recently purchased a residential property in Florida. The property was foreclosed on a man and then sold to an LLC. I purchased the property from the LLC. After living on the property for two months, I located a small utility trailer in the backyard, registered to the brother of the foreclosed on man. Can I place a mechanics lien on it for storage cost?
FloridaI work as a middle man between homeowners and contractors, essentially a project manager. The contract for work is between the homeowner and GC. In this particular case, the contract was for 15,750 for impact windows. I personally ordered the windows which have a cost of roughly 9,000. The homeowner was informed on 8/15 that the windows were ready and we were just waiting on contractor to secure permit. On 8/26 the customer tried to cancel the commitment because she received a contract to sell her home. I explained that the realtor made a mistake if she did not disclose the existing contract for impact windows. The homeowner is not willing to honor the contract, and I have explained the windows are custom made and cannot be returned. I need to file a lien to recoup the cost of material (windows) and are unsure of my role in filing.
FloridaWe are the Owner of a commercial building and currently have a construction project for a single suite. The sub-contractor submitted a NTO with the incorrect project information. The suite number is wrong on the NTO. The sub sent me a letter on their letterhead "retracting the notice to owner". Is this sufficient?
Florida