Legal Question in Construction Law in Florida

Re: Putting a iien on a co. that refuses to pay for work done

Because I do not know all of the facts, I can only offer you some general suggestions. For legal advice addressing your particular situation, I recommend that you speak with an attorney as soon as possible.

Clearly you have every right to expect payment, and I understand that you are probably very frustrated with this unfortunate situation. However, I do not recommend that you attempt to actively delay the opening of the salon without speaking to an attorney first. If it appears that they will be opening on the 22nd, it is probable that they have already obtained their TCO (temporary certificate of occupancy) or CO (certificate of occupancy). If for some reason they do not have their TCO or CO, they most likely will not be able to open the salon. If this is the case, the owner or contractor may ask you to do some additional work in order to get the TCO or CO. You may have every right to refuse to do additional work until you are paid for the work already performed. If this is the case, the opening will be delayed due to their own failure to make payment, not due to anything you have done. Whatever you do, do not remove any of the fixtures, material, etc. from the property without speaking to a lawyer first.

As for the construction lien, there are a few issues that you should definitely review prior to filing your lien. First, be sure that you already furnished your Notice to Owner within 45 days of starting the work. Second, make sure that you file your Claim of Lien within 90 days of your last day on the job. Also, be very sure that the amount you claim as unpaid on the Claim of Lien is accurate.

If you meet each of these legal requirements, then a court may likely find that you have a valid lien on the property. If necessary, the property can be sold to satisfy the lien. If the hair salon is merely a tenant and not the owner, this may make things a little more difficult.

You will only have one year to file your lawsuit after filing the Claim of Lien.

If for some reason you missed your deadlines to file a lien, all hope is not lost. You probably still have a cause of action against the owner, the tenant, and the contractor. Even though the contractor is from Pennsylvania, you can still sue him in Florida because that is where the work was performed. Do not sign any Partial or Final Releases of Liens without a simultaneous exchange of payment in the exact amount indicated on the Release, and be sure to read everything you sign very carefully or have a lawyer help you.

Best of luck to you. Hope this information was helpful. If you need assistance with filing the Claim of Lien, need help getting paid, or have any other questions, please feel free to give us a call at (954) 229-1008. We'll be happy to speak with you at no charge. Again, best of luck to you.

Sincerely,

FRANK V. REILLY, P.A.

Frank Reilly