Legal Question in Construction Law in Florida

I had a disastrous painting company come into my home to paint. They were messy, stained my driveway and walk way with paint. Got paints confused and painted my master bedroom hallway in 2 different colors of beige. Painters drank on the job. They were always without proper employee supervision. I fired them and told the owner that I'd have different painters come in and I'd pay the original painting co. after I saw what it would cost me to repaint over their mistakes.. I had already paid him $2400. He left me a voice mail and an email saying he understood that I didn't want to do business with them anymore, Sorry about this and said "whatever final payment you feel you want to pay, is fine with me." Before I could get another company in to paint, which took about 2 weeks, he put a 'Claim of Lien' on my house under an incorporated company name. According to the State of Florida Div. of Corporations, the state dissolved that corporation for nonpayment of fees and for not filing annual reports back in 2008. My County Clerk of Courts says they can't help me file a 'Contest of Lien' against the lienor, even if he filed it fraudulently. What do I do now? This painter knows I was painting my house to get it on the market and he did this on purpose to force me to pay him, after first saying he knew he was in the wrong and to pay what I felt was fair. The lien was filed on 6/23 but I didn't receive notice through the mail until 7/2. I only have so much time to file a response. I heard about filing a 'Contest of Lien' and also about paying for a bond that is about 1.5 times the amount of what the painter says I owe, although he is neglecting a payment of $400.00 I paid to him, so the lien is wrong in the amount he says I paid him, too. What can I do? What should I do?


Asked on 7/16/15, 2:02 pm

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

The lien is likely invalid because he filed it under a dissolved corporation. It's also likely that it's invalid because the work in question doesn't amount to a minimum threshold (I believe it's $2500). Your best bet is to contact a construction law firm - Those guys live, eat, and breathe claims of liens. Another avenue is to find someone who deals with commercial litigation or contract law. Lots of times they have experience with cases like this.

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Answered on 7/16/15, 2:10 pm
J. Norman Stark J. Norman Stark , Attorney, Architect

I agree with my colleague. Find the Yellow Pages ASAP or ask a friend for a referral to an experienced constructrion lawyer. Next time also insist on a performance bond! Shame on that "painter" - a poor excuse for a tradesperson. !!!

Good luck. Best wishes.

Sincerely,

�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�

J. NORMAN STARK, ATTORNEY*

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]

*Author: The Construction Claims Investigation Worklist�

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Answered on 7/18/15, 5:13 am


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