Legal Question in Construction Law in Florida

Send written correspondence to the pool contractor requesting proof of payment to the subcontractors and request written correspondence as to when your pool will be complete. Wait approximately 7 days and if no response, send a follow up letter advising the pool contractor you will be seeking another contractor if they do not respond, you will seek damages associated with the hiring of another contractor, and notify them you will pay the subs directly using the funds due to the pool contractor in order to have the liens removed. If the pool contractor still does not respond, I would recommend you seek another pool contractor and sue the original pool contractor for damages. Note: damages are the total amount you paid to complete the pool minus what the contract amount was for with the original pool contractor.

Also send a written request to the subcontractors whom filed the liens, requesting a sworn statement of account. Such request should be as outlined below in accordance with FL Statute 713.16.

"REQUEST FOR SWORN STATEMENT OF ACCOUNT

WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.

To: (Lienor's name and address)

The undersigned hereby demands a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement for the improvement of real property identified as (property description) .

(signature and address of owner)

(date of request for sworn statement of account) "