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Florida Lien Law

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isabelle007

Guest
What is the name of your state? Florida
I have a question regarding my rights under the Florida Mechanic's Lien Law. I have a building contract with a custom home builder and submitted a request via certified mail for a list of subcontractors and suppliers as well as a statement of account in accordance with Chapter 713 of the Florida Statutes. The requests were submitted in writing after several verbal and email attempts were blown off by the builder for this information. The main reason for the request was to find out where we stand with respect to allowances in our contract.

My builder called me after receiving the letter and stated that all work has stopped and been suspended until their attorney can review the documents. We own the lot and have a construction loan, so all material and work has been paid for as of the last draw. The builder has threatened to cancel the contract and buy back the property, is this legal?

The Florida Statute states that the builder must respond to these requests within 10 days for the list of suppliers and within 30 days for the statement of account, or they forfeit their right to file a lien. My question is whether the builder has the right to stop construction, the home is currently at the drywall stage?

The building contract states that construction must be completed in approximately 120 days unless material and labor shortages exist or an act of god. We are currently 105 days into the construction period. Please help with advice on how to proceed. Thank you in advance.
 


HomeGuru

Senior Member
isabelle007 said:
What is the name of your state? Florida
I have a question regarding my rights under the Florida Mechanic's Lien Law. I have a building contract with a custom home builder and submitted a request via certified mail for a list of subcontractors and suppliers as well as a statement of account in accordance with Chapter 713 of the Florida Statutes. The requests were submitted in writing after several verbal and email attempts were blown off by the builder for this information. The main reason for the request was to find out where we stand with respect to allowances in our contract.

My builder called me after receiving the letter and stated that all work has stopped and been suspended until their attorney can review the documents. We own the lot and have a construction loan, so all material and work has been paid for as of the last draw. The builder has threatened to cancel the contract and buy back the property, is this legal?

The Florida Statute states that the builder must respond to these requests within 10 days for the list of suppliers and within 30 days for the statement of account, or they forfeit their right to file a lien. My question is whether the builder has the right to stop construction, the home is currently at the drywall stage?

The building contract states that construction must be completed in approximately 120 days unless material and labor shortages exist or an act of god. We are currently 105 days into the construction period. Please help with advice on how to proceed. Thank you in advance.
**A: here is how to proceed. Proceed to the nearest construction attorney. Why not level the playing field.
 
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isabelle007

Guest
How about any other suggestions, we don't want to delay construction any longer, we do want to move into the house on schedule. I suppose we could wait until the 10 days expire and wait for their response, the picture should become much clearer. If they don't return to work at that point, then they still have time under the building contract to complete the house in 120 days.

What are my options when the builder walks off the job site, don't I have to wait 45 days before they have abandoned the job? Can any help with what my rights are in this situation?

Thanks
 

HomeGuru

Senior Member
isabelle007 said:
How about any other suggestions, we don't want to delay construction any longer, we do want to move into the house on schedule. I suppose we could wait until the 10 days expire and wait for their response, the picture should become much clearer. If they don't return to work at that point, then they still have time under the building contract to complete the house in 120 days.

What are my options when the builder walks off the job site, don't I have to wait 45 days before they have abandoned the job? Can any help with what my rights are in this situation?

Thanks
**A: look, we have no idea what the terms and conditions are in your contract and do not which to assume or presume. You need to take your contract to a local attorney for review.
 

hairysoda

Junior Member
shoddy workmanship on shower enclosure

company installed a shower door and the quality of the glass was inferior. the installer tried to sand the glass and he made it worse. after several unsucessful attempts to make me happy he offered a discount and i refused the discount as not being enough. he now want to file a lien against my property. what can i do? i made him a conter offer and he hasnt replied. i have all copies of the emails he sent to me admitting in his words that the door is blemished. he wants to replace the door but i dont want to have him in my house anymore as i totally dont trust him anymore. do i have any recourse?
 

TheGeekess

Keeper of the Kraken
company installed a shower door and the quality of the glass was inferior. the installer tried to sand the glass and he made it worse. after several unsucessful attempts to make me happy he offered a discount and i refused the discount as not being enough. he now want to file a lien against my property. what can i do? i made him a conter offer and he hasnt replied. i have all copies of the emails he sent to me admitting in his words that the door is blemished. he wants to replace the door but i dont want to have him in my house anymore as i totally dont trust him anymore. do i have any recourse?
You are necro-posting to a thread that is 4 years old. Please start your own thread. :rolleyes:
 

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