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I HAVE RECIEVED A NOTICE OF CONTEST OF LIEN FROM THE CONTRACTOR WHO OWES ME MONEY AND NOW HAVE ONLY 60 DAYS TO FILE SUIT. THE LIEN WAS PREVIOUSLY TRANSFERED FROM THE PROPERTY TO SECURITY WITH SUMTER COUNTY COURT IN FLORIDA. I HAVE BEEN UNSUCCESSFUL AT FINDING AN ATTORNEY TO FILE THIS FOR ME AND AM NOT FAMILIAR WITH THE PROCESS OR HOW TO GO ABOUT DOING THIS. IS THERE SOMEONE WHO CAN FILE THE FORMS AND EXPLAIN THE PROCESS AS I HAVE A VERY SHORT TIME TO DO THIS NOW.
FloridaUnder contract to remodel a duplex. Estimate and invoice is line itemed and paid at completion of item. Mid way through owner changed way of payment. I've completed the job but haven't received any payment since September 9 2022.
FloridaWhat is the copy of the satisfaction of commencement? Is this the completed notarized Certificate of Commencement only?
FloridaAfter the roofing contractor received 60% of payment, he abandoned the contract
FloridaPerformed repipe, inspection passed and drywall done. While doing repipe the last pipe had residual water and came into floor which we are actively repairing through a licensed flooring company. Issue is, customer hasn’t paid the repipe and I have 13 days left to file.
FloridaI need help with a demand letter. We filed a mechanics lien before we had level set and I am still trying to collect monies on this project. I don't know what my options are. Please help.
FloridaMy client wrote a check the bank would not except, it was dated a year out (2023)
FloridaOn last January 6, 2020 I signed an agreement with a roofing contract to submit a claim with my homeowners insurance. It states check is to be made in both parties names and if by chance check is only in my name I was to notify them within 5 days. The claim was approved and checked arrived in my name ...I notified them of same At that point ... they became unprofessional to deal with. According to my insurance company the claim was not submitted as joint claim ( I forget the exact terminal logo). Thus I have not had any work done by them and no materials have been purchased. Now I want to hire another contract. There was a notice of commence dated April 23, 2020 which I recently terminated with the county (no notification to original contractor) Am I obligated in anyway to the original contractor ? Can I proceed with another contract? Can they put a lien on my home ?
FloridaNeed injunctive relief??
FloridaI have a waiver from a customer that is ambiguous to me. Can you tell me if this is conditional or un-?
"THE UNDERSIGNED, Lienor/Claimant, as an inducement to payment in the amount of XXX, by CONTRACTOR, the value, receipt and sufficiency of which being hereby acknowledged, does hereby on its own behalf and on behalf of its heirs, assigns and successors, as of the Effective Date hereof, freely, knowingly, intentionally and without any undue influence whatsoever, waive, relinquish, release and forever discharge Contractor and any of its sureties under any applicable surety bond, and does hereby waive, release and forever discharge the following described real property, to-wit: [property info]
"("the property"), from any claim, demand, lien, claim of lien, right of lien, and causes of action at law or equity of any kind whatsoever of Lienor/Claimant, specifically including, but not limited to, the rights contemplated by Chapters 255 and 713, Florida Statutes, arising out of or by reason of Lienor/Claimant having, directly or indirectly, furnished labor, materials, and/or supplies incorporated or to be incorporated into the property. Lienor/Claimant further represents that all laborers, materialmen, suppliers, sub-contractors, and sub-contractors supplying labor, materials and/or supplies to or through Lienor/Claimant from the beginning of the project through and including the Effective Date hereof, have been paid in full.
"Lienor/Claimant by virtue of its signature hereby designates the scope of this Release to be as follows: FINAL RELEASE THROUGH EFFECTIVE DATE: This release is full, final and complete for all labor, materials and/or supplies furnished through and including the 25th day of MONTH, 2022 ("Effective Date"), whether or not their reasonable value is represented by any amount paid heretofore and paid hereunder.
"The undersigned further represents that all materials and/or supplies furnished are new and of good quality, and free from defects and are in accordance with any applicable plans and specifications and all state, local, county and federal rules, regulations, codes and ordinances and all work has been performed in a workmanlike manner.
"The undersigned expressly acknowledges, having read and understood all provisions and effects of this release, and further expressly acknowledges authorization and authority to execute this instrument on behalf of Lienor/Claimant."
The only phrase that sounds potentially conditional to me is "as an inducement to payment" in the beginning.
The phrases that concern me are "does hereby waive, release and forever discharge the following described real property, to-wit: [property info] "("the property"), from any claim, demand, lien, claim of lien, right of lien, and causes of action at law or equity of any kind whatsoever of Lienor/Claimant, specifically including, but not limited to-" and "This release is full, final and complete for all labor, materials and/or supplies furnished through and including-."
FloridaThe developer received the permit from my drawings, and the single family residence is under construction. He is a year and a half late on satisfying an invoice for changes to the design. He paid half of the invoice, and still needs to pay the other half. I did not agree to him paying half the invoice, and he has been saying he will pay me. I am a registered architect in the state of Florida. I am out of ideas on what I have at my disposal to remedy this situation. Thank you Mark
FloridaIf a general contractor hires an architecture firm to be the design builder for a project, would retainage get withheld on the designer for their design or not?
FloridaI am a contractor who filed a lien on a property and the home owner sent a letter saying they are contesting the Lien. Do i need to file something next?
FloridaHi, I had a mold issue in my now 6 year old home (a former model home in my development) last year. I called my insurance, they investigated probable causes and everything was ruled out. By process of elimination, the AC unit was listed as the cause. My home went through the remediation process and the AC unit was opened, found to be full of mold and cleaned. A week later, it started making noises. I was advised to get the AC unit replaced because of the mold issue inside of it and the coils were busted. When the old unit was removed, the tech said that the unit was not sealed properly and was definitely the cause of the mold issue in my home. The warm air from outside was meeting the cool air inside the AC handler and caused moisture. The new HVAC unit then started having problems within 3 months of being installed. It was found that my air ducts had a high negative static pressure and had to be replaced. I contacted Lennar (the builder) in February via certified mail with a very detailed letter of what happened, all of my receipts, statements from inspectors and HVAC company and pictures of mold on furniture, clothing, AC, improperly installed ductwork and AC handler. They contacted me twice in March. The second time, I spoke with Chris Schouff who said he used to work with AC units and that an AC unit cannot cause mold in the home. I told him what the HVAC tech said about the moisture buildup. He then said, "yes, that's possible, but why didn't you call us? I tried to tell him that all of that information was in the letter that I sent. If he had read it, it was explained that the definite cause wasn't discovered until the old AC unit was being removed. He still insisted that I should have called Lennar first. I don't understand his logic behind reinstalling a faulty AC unit to have mold blow through my remediated home while I wait for Lennar to respond. Do I have any recourse in this situation? Thank you for your time and help,
Tashara Adderley
FloridaI am a homeowner in Clearwater, FL. I hired a pool company to do a paver job to remodel my pool area. This smallish ($22K) project was close to completion when I noticed that the workmanship was so poor that I halted the project and will not permit it to resume until we agree how to proceed. Their salesman, and an independent inspector that I hired, agree that the solution is a complete redo, while the owner disagrees.
I do not see that how this stalemate can be overcome, so before the situation turns into an ugly nightmare, I want to find a construction attorney to help navigate the minefield ahead.
One complicating factor is that we have not stayed current with the schedule for payments. and that will have to be dealt with at the same time as the incompetent workmanship.
To date, there have been no threats by either party, nor any talk about payment, but I feel the potential for going downhill in unpredictable ways.
That was the background. HERE IS MY QUESTION: So I can move ahead without delay, is there a practical way to speedily sift through the candidates, kind of a version of "Speed Dating" as I prefer to not waste the attorneys' time nor mine?
Florida