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?
1 Answer from Attorneys
Re: Pool & Spa Construction
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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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