MyFloridaCode.com

Shame on the owner for trying to cheat.  The owner admits receiving
Certified not Registered Notices and ignored even the notices.  I am a sub,
sub contractor and rarely pull a permit as the sub has the responsibility to
pull all permits.  I have prevailed many times in court because I follow the
NTO statues and properly notice and lien all jobs I work on that I do not
receive payment.

 

  _____  

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of .
Sent: Tuesday, August 18, 2009 9:12 PM
To: codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] CodeTalk Digest, Vol 48, Issue 11

 


A properly licensed contractor that files a timely NTO and Lien Notice can
still file a Lien, even if a permit was required, but not pulled.

 

Bret Walley

CBC059520

CAC1816055

 

 

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Message: 2
Date: Tue, 18 Aug 2009 21:01:30 -0400
From: "Glen Mast" <glenmast at comcast..net
<http://us.mc453.mail.yahoo.com/mc/compose?to=glenmast@comcast.net> >
Subject: Re: [Florida Code Talk] Liesn/ Notice of commencement/
To: "Dave Mahoney" <m_renne at bellsouth.net
<http://us.mc453.mail.yahoo.com/mc/compose?to=m_renne@bellsouth.net> >,
    <codetalk at myfloridacode.com
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk@myfloridacode.com> >
Message-ID: <E5E89D8CE37540599CC113CE2BEAEB86 at glens>
Content-Type: text/plain; charset="iso-8859-1"

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
<http://us.mc453.mail.yahoo.com/mc/compose?to=codetalk@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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