I have 1 job address but multiple cottages are being built on premise therefore that is why the NOCs have a permit number for each. I need to know the answer if we would be protected with filing 1 prelim for all 9 cottages that have one job site address?...Read More
I send an invoice to my customer and has been almost 30 days and he is not responding as per our agreement I passed the rough inspection and the payment of $15,000 need to be made by him as per our contract I haven't heard from him, and I want to know what I should do to receive my payment ASAP ...Read More
Am I able to file a lien on a property where the tenant filed a Notice by Landlord That Property is not Subject to Construction Liens Pursuant to F.S. 713.10? If not, what would be my course of action be to protect said project?...Read More
We are the Prime contractor for a project in Florida for an airport. We are in the process of negotiating our subcontract agreement with them. The potential subcontractor has started some administrative work on the project, even though they have not signed the contract yet. However, one of their subcontractors issued a preliminary notice to us and the owner of the project already. Are they allowed to do this? Even though there is no agreement in place between the main sub and us yet?...Read More
I am a subcontractor that has done work at an hospital. They were billed back in January for the work performed. We did go back 3 weeks ago to correct a issue they were experiencing that is associated with the work performed in January. Can I still file a notice of intent and if I receive no responds if necessary file a lien. We were informed that they may be filing bankruptcy. I need to know how to protect my company from not receiving payment. I have never experience having to file a notice of intent/lien before. So I don't have a clue where to begin. I can use as much help as possible to resolve this issue. Thank for any help you can provide. ...Read More
I live in Florida. I am a Brick Mason and Ive done a job through a concrete sub contractor for a general contractor here locally. I recently closed my masonry company, after 5 years, due to losing everything in a divorce. The concrete guy and the general contractor is refusing to pay me $1,700. The job is a small sub division for the city of Jacksonville, Fl. What can I do, and what are the correct legal steps that I can take to get paid? Both agreed to pay me in front of several guys that I bought with me to help out prior to doing the job, as soon as we were done. A week has passed with no payment. Ive never been in this situation before so I dont know what to do. Your help and guidance in this matter is greatly appreciated!!! Thanks!...Read More
I moved into a new house and hired the landscaping company that works for the H away they were problems from the beginning which should’ve been a sign - they didn’t check the irrigation and went ahead and laid the sod the side all died they said they would go ahead and replace it because it was their fault and they also took a whole planting area out which they were supposed to leave so they really screwed a lot of stuff up - they replace the sod and put back the planting area as well as possible it’s still not the way that it was but I’m pretty much done with these people and now at the balance of the original bid there were no contract signed at all there’s $296 left - I had a gazebo in the back which had a Bougainvillea on it all I wanted them to do was cut the Bougainvillea away from the gazebo because they screwed up the job so much they did extra things and said we want to keep you happy we’re gonna do whatever you want so they went ahead and remove the gazebo without me even asking which I had my own guy who is ready to do that and they sent me an additional $600 bill for irrigation repairs that they did which not once did they say we’re going to charge you for these or give me a price or have me do a change order - they charge me for cutting the Bougainvillea back which they never told me they were going to do and also charge me for removing the gazebo which I have an a text they are guy said if we had charged you for this it would’ve been expensive so throughout all of this not one time did they give me a price or say you’re going to be responsible all they kept saying was we want you to be happy we’re going to take care of everything and fix our mistake for screwing everything up - they didn’t charge me for any of the irrigation repairs although I told them I had my own irrigation company if I needed to do that but they charge me for having the guys come over and talk to me to make sure everything was working etc. so now they’re saying if I don’t pay they are going to file a lien on the property - I come from family general contractor so I know quite a bit about noticed the owners and liens they never gave me a notice to owner the last time they were on the job was April 6 and the balance that they are sending me is $600 and there’s no contracts nothing was signed not one time out of that $600 bill did they say you’re gonna be charge for this on the original invoice I owe them $296 and they still have two plants they didn’t plant that are sitting in pots and they ripped out when they ripped the gardening section out they ripped out the border which was different pieces of wood and threw that out so they put just a plastic border in which they said they would replace once they found something so they’re really not even done with the original job but I’m done with them specially when they said they’re going to file a lien...Read More
Claim of Lien was timely filed and notice sent certifed mail to owners address shown in the tax records, sender received a signed return receipt, the defendant owners raised the issue in their original answer; but dropped the lack of service claim in their amended answers. On Plaintiff's Motion for Summary Judgment the Defendants argued they never received the Claim of Lien. Am I correct that the owners are barred from raising this argument since it was not in their amended answers / responsive pleadings....Read More
CAN SOMEONE EXPLAIN THIS TO ME.... The Last Known Address "LKA" is an out of state, Texas address of one of the Defendants', who is also the father of one of the married couple owners. I sent the Claim of Lien via certified mail with return receipt to the LKA, it was timely delivered, signed by the recipient, and the green signature card was attached to an Affidavit of Service and filed with the Court. I timely filed my lawsuit, a Texas Deputy Constable served all 3 Summons to the LKA and the “Father” indicated above signed for all three of the Summons, Defendants immediately hire an attorney who files a Notice of Appearance 10 days later. The Constable provided me notarized affidavits of service for each of the summons which I filed with the Court. The Defendants never filed a Notice of Commencement nor did they record any building permits for the job so I got the LKA from the Warranty Deed filed with County Clerk. This LKA address is not some random address it is the same address recorded on the mortgage release of lien and for the last 10 years the County Tax Collector and the County Appraisal District show this LKA address as the owner address. Utility billing and the subject property homeowners’ association have the same LKA on file. If that were not enough, the defendants never received the final payment affidavit from their unlicensed contractor, all payments were improper, no money was retained and I was the only lienor who served a Notice to Owner. When the defendants filed their response to my MSJ, they claimed without any evidence PREJUDICE arguing the Claim of Lien was not served on them personally, at their Texas home address, an address that is not recorded in any of the above documents or public records. WHATS WRONG WITH THIS PICTURE?...Read More
Defendants claim they never received the CLAIM OF LIEN sent to last known address of person to be served thou I have a return receipt, signed by a person the Defendants have admitted to knowing. We now have a question of material fact as to whether or not the address served was the last known address. Any situation where this matter can be decided at the Summary Judgment stage or is that just not possible?...Read More
I’m a subcontractor working for post construction cleaning, me and my team finished on may 30th 2022, they require the key to access the building, they refused in July to pay me complete they offer 1/3 of the amount, now I’m trying to get my money and they said that I own money to them...Read More
I have a little bit of original contract work left on the job. I supplied material and performed installation labor. My office slipped up and did not file an NTO. Am I still able to file an NTO? ...Read More