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Category: Consumer Protection Law
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Experience:  Licensed and practicing attorney experienced in consumer protection law.
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May 2013 I put a new roof on my house. I interviewed 6 prospective

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May 2013 I put a new roof on my house. I interviewed 6 prospective roofers, selected the seeming best (not the cheapest) for a high quality job. Tier 1 Roofing, Jacksonville, FL, was paid half up front, half on completion. I believe a quality job was done. Sept 2013 we received certified mail notice from Eagle Supply, Tier One did not pay them (roofing materials supplier) and the have placed a lien on my house for the approx, $4900 materials plus a $325 fee, for a total of approx. $5225. I do recall signing a credit guarantee for Eagle Supply, upon signing the roofing contract, allowing them to place a lien if their bill was not paid. Tier One was paid in full for the job. Tier one is not returning my phone calls.
What should I do? This occurred in Jacksonville, FL
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  John replied 10 months ago.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today. I'm sorry to hear about this.

Florida law unfortunately allows suppliers to put liens on property even if the general contractor has been paid in full. Unless you plan on selling your home in the near future your best move would be to simply keep contacting the contractor to payoff the supplier. If you, are going to sell soon, you may want to consider paying the lien amount then suing the contractor for the amount of the lien. Otherwise, the supplier has to make the next move. Liens are not self executing - meaning the supplier has to file a lawsuit to collect on the lien, but a lien does hamper your ability to sell or refinance your home. If the supplier goes ahead and sues you and the contractor to collect on the debt/lien, then you'll cross-claim against the contractor for the amount of the lien. If you do decide to payoff the lien and if/when this matter is finally resolved make sure the supplier removes the lien and gives you a waiver of the lien to ensure clear title to your home.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, and I wish you all the best with this matter.

Customer: replied 10 months ago.
What steps should I take to protect myself? Should I sue Tier one? Contact States Attorney Office? Dept of Professional Regulation? Hire a lawyer? Doing nothing will not solve my problem. I doubt Tier One is going to pay his bill on his own, at this point. Tier
One is not returning my phone calls, the office phone is temporarily disconnected. Web site is still up. What course of action should I pursue?
Expert:  John replied 10 months ago.
Doug,

Hiring an attorney would be your most proactive course of action. You'd then be suing the contractor for failure to pay the supplier. Your attorney could also challenge that the lien is technically invalid - i.e., whether it was not properly perfected in the lien process if you were not provided the proper notices on a timely basis.
Customer: replied 10 months ago.
Is contacting States Attorney, Board of Professional Regulation or Consumer Affairs worth my time?
Expert:  John replied 10 months ago.
They can't help you with the matter you have in front of you -getting the lien removed. It is legal to put a lien on from the supplier's prospective. The attorney general's office isn't going to get into that aspect of the matter. They may pull the contractor's license, however, if enough people complain to them about non-payment of suppliers. But that does you no good - what you want is the lien removed, and the AG will not get involved in that.
John, Lawyer
Satisfied Customers: 2818
Experience: Licensed and practicing attorney experienced in consumer protection law.
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