Legal Question in Civil Litigation in Florida

I am submitting this question for a friend who asked for some help. A local contractor installed a granite counter top in her home and in the installation process, scratched the surface. This was noted immediately and the owner of the company notified, who in turn saw the problem. Initially, 50% of the total bill was processed so the work could begin. When the credit card company was called to stop payment, for some reason they had released the balance, so the contractor was actually paid in full. However, the credit card company then reversed the charges pending resolution of the problem. The contractor then put a lien on her house and now refuses to release the lien Next somehow, the contractor contacted the credit card folks and the full payment was processed. So, he has been paid in full and refuses to release the lien unless a document is signed stating that the lien will be released providing the issue is dropped and no legal action would be taken. My question is how can a contractor be paid in full and still be able to have a lien against the property


Asked on 3/02/11, 6:18 pm

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

The short answer is that he cannot. He is required to release the lien once he has been paid. It sounds like he is trying to hold you hostage to obtain a release of any claims you have against him.

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Answered on 3/03/11, 7:12 am


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