Legal Question in Construction Law in Florida
Wrong Roof Color (May get a lien)
My contract for a new roof after the storms states ''Estate Gray.'' The roofer put on a brown roof, which does not match my house. I tried to stop him before he completed it, but he ignored my objections about the color. The roof is now complete (and brown!). I checked with the city and county, and no permit was pulled for my roof. My insurance company told me not to pay because no permit was pulled. The lumber company and the subcontractor have sent me a ''Notice To Owner.'' I do not want a lien placed on my house. I have a record of all contacts I have made to the roofer and subcontractor, and I have made the company aware that there is no permit pulled. They said it's my fault because I did not file something--but the roof has been completed for a month now. What should I do?
1 Answer from Attorneys
Re: Wrong Roof Color (May get a lien)
Be very careful. You are in the position of getting a mechanic's lien placed on your home, and if not paid, it may possibly be foreclosed upon. While Florida lends protection in the way of Homestead, it is no defense against such a lien.
One way of dealing with this is to pay the disputed cost into the registry of the court and compel the contractor to show that his proposed charge -- and any subsequent lien -- is lawful and without defenses. Fraudulent liens are punishable by law.
Seek an attorney for this matter. Act quickly.
Good luck.
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Readers are advised to seek qualified legal counsel.
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