Legal Question in Construction Law in Florida

I am a Florida subcontractor in a dispute with a general contractor over money due me. The GC is holding owed me on one job over a dispute on another job I finished and was paid 100% for nearly a year ago. The home owners are involved trying to ensure I get paid without any real success not knowing what the legal ramifications are. My only recourse is to place a lien in the house. Can a GC legally hold money from one job against a job that has been completed and paid for? What if the home owner paid me directly? Please advise.


Asked on 11/02/11, 5:13 pm

1 Answer from Attorneys
Stephen Orchard Law Offices of Stephen Orchard

Florida's Construction Lien Law is complex and therefore I suggest that you consult with an attorney to discuss your options. Should you ultimately be successful, Florida law provides for reimbursement of attorneys' fees and costs in construction lien litigation.

You certainly have options. First, you may have lien rights upon the property. If you choose to file and record a claim of lien (and assuming you meet all requirements of Florida Statutes), then the GC cannot provide a final payment affidavit to the homeowner in good faith.

To answer your question directly, no the GC cannot withhold this money. In fact, he may be violating Florida law by failing to properly pay subcontractors with money paid by the homeowner.

Again, I strongly suggest that you consult with an attorney about these issues because strict compliance with the law is required to prevail. Best of luck.

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Answered on 11/02/11, 6:23 pm


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