Legal Question in Consumer Law in Florida

Contractor

Our Association (time-share) hired a contractor to install a cooling tower and gave a deposit of $35,000 in July. To date work has not been done and I wanted to put a lien on the contractor. Mechanic's Lien??? Is it possible to lien a contractor for not completing a job??


Asked on 10/06/06, 9:59 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Contractor

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. The Mechanics Lien Statutes deals with the rights of a contractor, subcontractor or materialman to file a Claim of Lien against the property owner but does not give equal rights to the property owner. In order to file a "lien" you would have to file a lawsuit against the Contractor.

Florida does have some very specific laws about job abandonment for contractors, however. I strongly suggest that you contact a competent attorney who can answer your specific questions and work with you on this matter.

Scott R. Jay, Esq.

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Answered on 10/06/06, 11:04 am


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