AVVO Q&A: I Have a Lien on a Property and the Owner is Contesting – What Are My Options?

Christopher J. Weiss

Christopher J. Weiss

QUESTION:  I have a contract with the builder but he was dismissed by the owner. The builder never paid me my final draw so I put a lien on the property, the builder is gone with the owners money so my only avenue was to lien property. What are my options I had a contract with their builder? They are contesting lien.

You do not specify your status on the job. If you are not a subcontractor, but rather were only providing labor, a Notice to Owner may not be required. If you are a site work contractor, a Notice to Owner may not be required either. If you are a subcontractor and are not in privity with the Owner, then you must have timely served a Notice to Owner as set forth in F.S. 713.06. You also must have timely recorded a Claim of Lien within 90 days of your last furnishing. If the Owner has filed a Notice of Contest of lien, your time frame for filing suit is shortened. You should go see a specialist in this area ASAP. Florida has a number of Board Certified Construction Attorneys. Also, don’t forget, the contractor may have assets. Hire an asset investigator to see if the contractor has resources to bother going after. You might be surprised. Of course the payment records to you should provide the name and account number of the contractor’s bank. That could be a useful source to garnish as well. I wish you all the luck in the world. You may need it to collect.

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Best regards.
Christopher Weiss

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