Legal Question in Real Estate Law in Florida
I paid a Contractor in full for a bathroom remodel however; he failed to pay his employee who did most of the work on the property. The Contractor failed to pay his employee for the work he did. The employee, at the end of the renovation, quit working for this contractor due to not being paid by him. Now this employee has attempted to place a mechanics/contractors lien againist my property. Is this legal as the contractor was paid in full for the removation and withheld wages from his employee?
2 Answers from Attorneys
If he was a mere employee, no, but if was an independent sub contractor he has a lien for work done.
I disagree w/ Atty. Slater. I believe the laborer may have a valid lien unless U have an affidavit of Lien Waiver or Release from UR contractor. See, 713.06 Liens of persons not in privity; proper payments. (1) A materialman or laborer, either of whom is not in privity (direct contract) with the owner, ... has a lien on the real property improved for any money that is owed to him or her for labor, services, or materials furnished in accordance with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor�s contract. ... (2)(a) All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner setting forth the lienor�s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished. Hope U had the Final Contractor's Affidavit.
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