Legal Question in Civil Litigation in Florida

Certified Arborist-More like Unlicensed & left me w/ a Certified Mess

Please Help...I hired a person in FL who held themselves out to be a certified arborist to do tree trimming. He did not complete the job he was hired to do & caused damage to my home while cutting limbs from one of our trees. He now refuses to complete the job he was verbally contracted to do (I know nothing in writing- dumb on my part). Further, he's demanding payment or says he will sue me in court. Since I still must have this trimming completed... should I get bids and hire someone else to have job completed + the repairs done, then with-hold this from his payment? Is that allowed? Or should I do something else all together? Also, since he is NOT licensed by either the ISA or by the state of FL (even though he said he was), can he place a mechanic lien on my home if I don't pay him in full? This contract was for under $1,400 and I don't know if an unlicensed person can place a mechanic lien. I'm very willing to pay for what he did complete, but not the full contract price that includes unfinished tree trimming unless he finishes the job. What should I do?


Asked on 3/08/07, 2:00 am

1 Answer from Attorneys
Johm Smith tom's

Re: Certified Arborist-More like Unlicensed & left me w/ a Certified Mess

You are obviously safer using a licensed arborist complete the work. You should also be able to withhold repairs to your home from any money due to the first person. You should report the first person to the appropriate state agencies, BBB and attorney general. If you report them before they take action against you, the facts will be more in your favor. I'd have to research whether you should have to pay him anything and whether he can validly put a lien on your home. Good luck!

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Answered on 3/08/07, 11:07 am


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