MyFloridaCode.com

Designer can not act as contractor on any job that requires a permit unless they have a contractors license.

If the subs that say they didn't get paid were electrical, plumbing or HVAC they probably don't have much standing as they know that their work requires a permit and there was none.

Also if I remember correctly a sub only has 90 days after their last day on the jobsite to send a "NOTICE TO OWNER" or they lose their mechanics lien rights.  (it's been lots of years since I took the test so maybe that's changed)

Has she contacted the "design firm"?  Are they still around?

glen mast
MAST DRAFTING & DESIGN
(yes, Praise God we are still in business!)

  ----- Original Message ----- 
  From: Dave Mahoney 
  To: codetalk at myfloridacode.com 
  Sent: Tuesday, August 18, 2009 6:39 PM
  Subject: [Florida Code Talk] Liesn/ Notice of commencement/


  I have a question that I know someone can answer for me. I did take the class on Florida Lien Laws but that was a couple of years ago and I cannot remember everything so before I begin to research this I am sure one of you Ladies or Gentleman may have a better memory than me. 

   

   Here is the Scenario

   

  Just recently I have started doing many different jobs for a wonderful customer. Before I Started working for her  she hired a Design Company to remodel 2 of her bathrooms for a job total of $ 42,000.00. I've seen the work that they had done and the job came out really nice. Here is her problem. She told me today that she had paid the design company in full on May 15th when the job was completed. She received a phone call today from one of the sub contractors that said that they were not paid. First I looked at her invoice and did not see a license number. A red Flag went up. I asked her if she had paid each different Contractor separately. She did not. Apparently the design 

  Company is acting as a contractor. Red flag came up again. I asked her if there was a permit pulled. Her answer was no I didn't want my taxes to go up. My next question was did you sign a notice of commencement. No she did not. I KNOW STUPID, STUPID, STUPID that is why she should hire a contractor. I then asked if she had received any registered letters from suppliers or Sub contractors introducing themselves before they had started any work . The 3 Ways I know are registered letter , A letter handed to her, or a letter posted at the job. She told me that yes she did receive 2 registered letters at first but they were only from 2 of the subs out of approximately 5. My question is this. What exactly has this woman gotten herself into? I would hate to see her have to pay for this again. I would also hate to see the subs not get paid. Should she see a lawyer? Can a Designer act as a contractor? How can people educate themselves to hire a contractor?

   



   



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