Legal Question in Construction Law in Florida

I hired a contractor to re-sod my yard. He in turn hired a sub-contractor to due the job. Issues apparently occurred between the contractor and the sub-contractor and the sub-contractor was fired from the job. I have received a call from the sub-contractor informing me that they will put a lean on my house if they are not paid what is owed. Can they legally do this as my contract was not with them it was with the contractor I hired?


Asked on 4/28/10, 6:38 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

They can legally put a lien on your home if they followed in full accordance with FL Statute Chpt. 713. A subcontractor has to give you "Notice" in full accordance with statute within 45 days prior to or after starting work. They also have to file the lien within 90 days of the last day they performed work on your site. If they do not follow the statute closely when filing the lien, you can have it removed and the subcontractor could end up having to pay your attorney's fees to do so. There are things you can request from the sub as well to verify they should receive the payment in which they are requesting. You don't want to overpay a subcontractor money that they are not due. Also, if the sub is theatening to file a lien, be sure that you have filed the Notice of Commencement with your County Clerk's Office.

Read more
Answered on 5/03/10, 7:25 pm


Related Questions & Answers

More Construction Law questions and answers in Florida