Legal Question in Construction Law in Florida

We performed a retail build out job in plantation for a contractor in New Jersey and the owner of the project has other locations here in florida but mainly based out of New Jersey. We are in direct contract with a GC in New Jersey who has a representative here in Florida and the owner has an owners representative that is located in NJ. It was a 10 week job at $169k so not a huge job we were paid 75% and have numerous change orders that the GC representative signed most of them, but not all. We have very good paperwork and detailed timeline, the job turned out to be 20 weeks due to owner changes and architect errors/omissions. The owners rep has received all contract balances from owner but won’t release contract balances to us along with permits fees as the NJ GC won’t sign the release to owner without a settlement for change orders. Our certificate of occupancy was issued 2-22-18 and last date of services was 2-15-18 and we filed a NTO in December not within in the 45 days but way before final payment (job started in October). All the parties are delaying payment without any basis at all. The NJ GC local representative was introduced to me as a potential partner from a friend, he was given our raw costs when we bid the job and told us what amount to bid but as it turns out he really was representing the NJ GC and was working both sides to make a fee, we didn’t know this at the time.

Right now we are owed $42k in contract balances and $47k in change orders of which they were offering $30k, today they lowered their offer to $27,750 but they refuse to give us a date in which we will receive payment if we accept it and I believe we need to file our lien by 5-14. Our contract is weak cause we trusted the NJ GC local representative and had our guard down. We really are being beaten down on everything, non payment without without any legal basis other than to force us to take less money with little justification for it the reduction since change orders were already signed the NJ GC local rep.

We don’t know what the best approach is because they have said if we file a lien they will bond it off, if we file a lawsuit they will keep it in litigation so we don’t ever get paid. The job was perfect no punch list at all. We are not dealing with scrupulous people. I need to figure out the best approach at this point, can you help? We don’t feel they will do anything they say and need legal protection as they are acting in bad faith and without any basis to not pay us, we relied on their representations to our detriment. Let me know if you can help. Thanks.

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