Legal Question in Construction Law in Florida

Pool & Spa Construction

I 'm hiring a contractor to build a pool and he wants me to sign a document to allow any of his subcontractors to lien my house in case of non payment even though he(contractor) is paid in full. How can I protect my self? Is this document standard?


Asked on 3/04/08, 1:17 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Pool & Spa Construction

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: No, it is not standard. Are you sure you are reading the contract correctly. A contractor should give you a "contractor's affidavit" prior to requesting payment from the owner, and whihc shows the owner who the Contractor has hired and owes money to. If anyone is identified on the "Contractor Affidavit" then there is a procedure for going about getting everyone paid and which is set forth in lengthy detail in Florida Statute section 713.06. However, the easy thing to do is usually just to pay the Contractor and the persons identified in the "Contractor Affidavit" with a joint check. Good luck, and if you need any forms pull them off our website at

www.theconstructionlawyers.com for free.

Randall Gilbert

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Answered on 3/04/08, 7:40 am


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