Legal Question in Credit and Debt Law in Florida

Collection from Contractor

We did work for a local contractor and still have not been paid. Can we charge a ''late fee'' if not paid within say 90 days? Can we charge a ''fee'' for each month it remains unpaid? If we must file a lien can our court costs be added to the amount the contractor owes us?


Asked on 7/09/07, 8:49 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: Collection from Contractor

You can't charge a late fee if your agreement doesn't provide for it.

I believe the cost of filing a lien to preserve your rights is something you can recover, just like the filing fee and the service of process fee.

Read more
Answered on 7/09/07, 9:14 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Collection from Contractor

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.

You can charge a late fee if your agreement with the contractor calls allows one to be charged. You can also charge interest if provided for. If you file a lient and later have to go to court, it can be added as a cost that will be charged back to the losing party.

In the interim, you should review the mechanics lien statutes. I am not sure what kind of work you did, but you may have the right to file a mechanics lien against the property. The filing is carefully regulated and must be done within certain time frames in order to perfect your claim. You should consult an attorney if you have any questions.

Scott R. Jay, Esq.

Read more
Answered on 7/09/07, 11:55 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida