Legal Question in Construction Law in Florida

What to do when a sub-contractor files a lien ?

I have a Handyman business and hired for a job a sub-contractor ,names R.K. For the job we agreed verbally that he (R.K.) gets $280 for repairing some wood damage . I estimated that the job will take max. 3 days .

After 8 days the sub contractor (R.K.) calls me , started a fight, saying I promised him payment by the hour which i never did .He started being unreasonable , threatening my costumer and he was drunk as well . He (R.K.) abandoned work for 2 days and I had to hire another sub-contractor to finish the job . R.K. started calling me over and over and over again , threatening me and my family -if I would not pay he would do something bad to us . At this point I send R.K. a payment for $280 .

Now R.K. has pulled a lien on me ,asking for more money and that he is entitled for the total of $680 ( 68 hours by $10 an hour ) .

I found the Florida statutes, but do not understand where I can go and discharge the lien (713.21 ) . Would this be a step to take ?

Or would you tell me to consider rather to do 713.22 and file a Contest of lien . What exactly happens under the contest ? Is somebody coming and pawn my posessions ,do i have to go to court or ?


Asked on 5/24/02, 10:54 am

1 Answer from Attorneys
Frank Reilly Reilly Roche LLP

Re: What to do when a sub-contractor files a lien ?

In the future, you may want to stay away from verbal contracts. By taking the time to get future agreements in writing, you may be able to save yourself some hassles.

I can only offer you some general suggestions. If you need legal advice specifically for your situation, you'll need to get together whatever paperwork you have and speak with an attorney. From the facts you have stated, it is unlcear whether the lien is legally enforceable.

In general, a Claim of Lien is a claim against the property. It does not represent a lawsuit against you. It is generally enforced by the lien claimant filing a lawsuit to foreclose the lien against the Owner, although you could be named as a co-defendant. The claimant has one year to file suit after filing the lien.

A Notice of Contest of Lien is usually filed by the property Owner. It operates to shorten the one year deadline to 60 days.

Although there a several ways to clear the property records, the quickest way may be to get a Final Satisfaction of Lien from the lien claimant and have it recorded with the Clerk of Court. If that does not work, you may need to work this matter out in small claims court or have an attorney represent you.

Hope this information was helpful. Best of luck to you.

REILLY ROCHE LLP

Frank Reilly

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Answered on 5/24/02, 11:48 am


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