MyFloridaCode.com

Dave,

Mr. Fine offered excellent advice. Anyone who solicits advice from an attorney in construction matters, or real property issues should contact an attorney who does specilaizes in that area, not the family attorney who does wills, or their corporate attorney who pulls out the statute and brushes up on the law. I will wager that Mr. Fine has beaten many attorneys in cases where the opposing attorney did not know what he or she was doing.

 

Even though some of the details you provided were a little sketchy for him to  provide more  in the way of a legal answer to your questions, I can refer to the statute and maybe help you somewhat. As a disclaimer, I am not offering legal advice to the owner or you, just a few clariifcations and suggestions to a licensed contractor.

 

The nomacluture of Notice to Owners is often misstated. One must SERVE a Preliminary Notice, not file one, on the owner. F.S.S. 713.06 (2)(a). This must be done within 45 days of first performing a service or delivering materials.

 

Manner of service of Notice to Owners is spelled out in F.S.S.713.08.

 

In referenced to paying the contractor, the owner is to receive a Contractors' Final Payment Affadavit from the contractor - F.S.S. 713.06(3)(d)1. This protects the owner from disbursing money validly owed to subs and/or suppliers.

 

Owners who conduct business the way this lady has, certainly leave themselves open to paying twice. Just because a Notice of Commencement was not filed nor a permit pulled does not disallow valid lien rights by subs and suppliers.

 

Always read your certified or registered mail. The Preliminary Notices provide instruction from the legislature. Compliance will prevent paying twice in most every cases. If you are unble to understand it, comply or address it. Ignoring it, will not help. 

The Building Departments have been instructed by the legislature to distribute a DBPR Pamplet that details what steps the owner should take to complete a construction project successfully, from a financial standdpoint. Even the contract an owner signs, contains warning language about this matter.

 

How can an owner better educate themselves to hire a contractor? Ask for references and check them out. Ask if that contractor paid his subs and sulloiers, and not just about the quality of his work.

 

Hire a licensed contractor.

 

Wade Mullins

wadem at qualityprecast.com

 





From: m_renne at bellsouth.net
To: codetalk at myfloridacode.com
Date: Tue, 18 Aug 2009 18:39:20 -0400
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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