MyFloridaCode.com

David, I'll call you since there are a lot of variables and unknowns in
the information you posted - bottom line though, have her get a LAWYER.

 

 

R.J.Koning - Director

Contractors Institute

rjkoning at contractorsinstitute.com

8301 Joliet Street

Hudson, Fl 34667

727-863-5147

 

 

 

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Dave Mahoney
Sent: Tuesday, August 18, 2009 6:39 PM
To: codetalk at myfloridacode.com
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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