Legal Question in Construction Law in Florida
Construction lien that is not validated
a contractor who built out new home refuses to give an accounting with names of contractors and subcontractors and
prof of cancelled checks. instead
placed a contruction lien on our homestead property. what laws protect me in this case?
2 Answers from Attorneys
Re: Construction lien that is not validated
The construction lien laws protect you. He needs to tell you what is owed if the project is over. If you file a document disputing the lien (there is a form in the statute itself), then he must file suit within (I think) 30 days or the lien is discharged.
Re: Construction lien that is not validated
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RESPONSE: Respectfully Alan Wagner's response is incorrect. Claims of lien filed against a property must be sued upon by the contractor within 1 year otherwise they are automatically discharged. Alan is right that there are documents that can be filed to require the contractor to foreclose on their lien in a shorter time (i.e. a notice of contest of lien shortens the time frame to 60 days and a complaint for an order to show cause as to why the lien should not be discharged shortens it to 20 days from service of the complaint) but I don't think that answers your question.
With regards to how to find out what subcontractors and moneys were spent on the project you can send out a form found on our website, by going to www.theconstructionlawyers.com then clicking on Forms and links, and then "DEMAND FOR COPY OF CONTRACT AND STATEMENT OF ACCOUNT" There are other forms as well such as the "REQUEST FOR LIST OF SUBCONTRACTORS AND SUPPLIERS" and the "REQUEST FOR SWORN STATEMENT"
Good luck,
Randall Gilbert
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