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Subcontractor is Threatening to Impose a Lien if Not Paid Fully for Inadequate Work

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  • 04-17-2014, 11:13 PM
    christinajo1983
    Subcontractor is Threatening to Impose a Lien if Not Paid Fully for Inadequate Work
    My question involves business law in the state of: Florida.
    I am a subcontractor and was over scheduled a few weeks ago. I hired a sub subcontractor off of craigslist. It was a kitchen install that was to pay out 500.00 after completion. He was given a 3 day time line to complete the job. He installed items incorrectly and damaged some items. I had to go to the job and install the island (which consisted of 1/4 of the cabinets) and repair a few small things. The major issues were the installer did not lift the cabinets up to compensate for flooring after being told numerous times. This was a time consuming mistake. I paid out around 300.00 in materials and labor to complete the job 3 weeks late. I am willing to pay the sub subcontractor 300.00 even though I do not feel he deserves it. He is now threatening to put a lein on the homeowners house. What can I do to keep this out of court? I do believe documentation would make my case in court but I don't want the headache on the homeowner. Do I have a defensive move before any leins are filed?
  • 04-18-2014, 05:06 AM
    budwad
    Re: Contracts and Leins
    The lien law in Florida requires that a preliminary lien notice be filed at the start of the job if you later want to file a lien for labor and/or materials. All parties who did not contract directly with the property owner must serve a Notice to Owner within 45 days of furnishing labor and/or materials to the construction project.

    No preliminary notice - no lien in most cases. If the preliminary was filed, then you have 90 from the end of the job to file the lien.

    Google Florida mechanics lien law and read the requirements and statute.
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