Legal Question in Construction Law in Florida

Re: construction lien laws

(This is not legal advice)

If you have a contract with the contractor then you can likely file a breach of contract action based upon that contract. Alternatively, you may be able to file a breach of contract based upon an oral contract. Did your contractor ever furnish you with a "Contractors Final Payment Affidavit"? If he did prior to the time that the subcontractor filed the Notice to Owner, then the subcontractor would have no recourse against you, however, if you never received the contractors final payment affidavit, then you and the general contractor may be jointly liable to the subcontractor. Of course, in such a case you may bring an action against the general contractor for indemification, subrogation, etc.