Legal Question in Business Law in Florida

I hired a contractor (Total Home Contractors), to replace my roof at a cost of $16,874. This contractor started work on 12 Nov 2012 and this contractor says work was completed on 19 Nov 2012 (date my town roof inspector inspected and approved their work).

Fact is, they were still working on finishing up fascia and soffit installation through 21 Nov 2012.

Fact is, the proposal I signed says includes, �Double Truss straps installed: See code IAW OIR-B1-1802 (Ref 01/12).� This is a quote on the initial proposal!

Note: These double truss straps will lower my Homeowner Insurance rates by about $100 per month (for the next 20-50 years), if properly installed.

This contractor sent a Wind Mitigation Inspector to my home on 3 Dec 2012.

This inspector sent me and My Homeowners Insurance Company the report on 4 Dec 2012. My Homeowner insurance company underwriters approved the double truss straps IAW OIR-B1-1802 on 14 Dec 2012. Therefore, I thought I had 30 days from 14 Dec 2012 to pay off this company.

Not! Today, I received a call from this company telling me they want to put a lien on my home if not paid immediately.

What? If this company did not install the double wrap truss straps IAW OIR-B1-1802 correctly, I would have to ask this company to remove the entire perimeter of newly installed shingles, stick-on material, and all of the plywood to get at the trusses again to do it right. Then, install all new materials. I just could not take the chance and pay them before all work was done and verified.

My question is, can this company put a lien on my property before all the work is completed and verified (14 Dec 2012)?

This contractor says completion date was 19 Nov 2012 and I have only 30 days from that date to pay. I beg to differ.

I need a legal opinion on this, please. \

Thanks!


Asked on 12/20/12, 6:54 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

There is a lot more information needed in order to evaluate this situation and fully advise you. However, the simple answer is yes, the contractor MAY be able to place a lien on your home for non-payment of work. Whether they can depends on a number of factors.

The best advice is to pay them. The work was contracted and was completed according to the terms of the contract (based on what you have posted). Your contract probably states that payment is due within 30 days of completion, not within 30 days of the inspection report. Had they not performed as you stated and you later discovered it you would have a remedy at law so your argument as to why you withheld payment is invalid.

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Answered on 1/10/13, 11:30 am


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