• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Florida Mechanic's Lien

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Silver Hair

Junior Member
What is the name of your state? Florida

My son contracted to have a pool built in his yard. The contractor hired a sub-contractor to dig the hole and do the steel. Appearantly there was a miscommunication between the contractor and sub-contractor on the size of the dig. The result caused the need for extra steel and extra cement. The contractor says the sub is at fault and has issued him a check for payment in full of the original requirements he says he gave the sub. The sub called my son and said he was not cashing the check issued by the contractor and was placing a lien on my son's house for payment.

My son contacted the contractor, who stated the sub is responsible for his error and he will not pay any more. Further he states that if a lien is placed it goes away in a year unless a suit if filed. He stated he will submit in writing to my son a statement that he (contractor) will defend any suit (pay for it and appear,etc) to "set my son at ease". The pool is not finished yet.

Questions: What option does my son have in this matter to either preclude a lien being placed or get it removed or satisfied? Is the 1 year and go away true or just the contractor wanting to keep working on the project? Should he take some action against the contractor now?
 
Last edited:


JETX

Senior Member
Silver Hair said:
What is the name of your state? Florida

My son contracted to have a pool built in his yard. The contractor hired a sub-contractor to dig the hole and do the steel. Appearantly there was a miscommunication between the contractor and sub-contractor on the size of the dig. The result caused the need for extra steel and extra cement. The contractor says the sub is at fault and has issued him a check for payment in full of the original requirements he says he gave the sub. The sub called my son and said he was not cashing the check issued by the contractor and was placing a lien on my son's house for payment.

My son contacted the contractor, who stated the sub is responsible for his error and he will not pay any more. Further he states that if a lien is placed it goes away in a year unless a suit if filed. He stated he will submit in writing to my son a statement that he (contractor) will defend any suit (pay for it and appear,etc) to "set my son at ease". The pool is not finished yet.

Questions: What option does my son have in this matter to either preclude a lien being placed or get it removed or satisfied? Is the 1 year and go away true or just the contractor wanting to keep working on the project? Should he take some action against the contractor now?
The issues of liens can very quickly become complex and expensive. I would strongly suggest your son talk with a local attorney.... and get the contractor to pay any fees.
For more, go to: http://www.state.fl.us/dbpr/pro/elboard/florida_lien_law.pdf
http://www.hklaw.com/Publications/Newsletters.asp?IssueID=417&Article=2357
http://www.floridacdc.org/forms/713-liens.htm
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top