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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3227
Experience:  Civil litigation attorney for individuals and businesses.
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Hello, I have a court hearing next week for a mechanics lien

Resolved Question:

Hello,
I have a court hearing next week for a mechanic's lien that a contractor has filed against my house. This contractor was paid 75% of the contract amount, but he was demanding the rest despite he didn't pass the city final inspection and refused to return to finish the job and correct the non compliance. Furthermore, I filed a complaint with the county licensing department, and the board found him guilty of working out of the scope of his license and fined him $500 but the board didn't award me any restitution because the case is in litigation. Just to clarify, he was licensed to do half of the work (install windows) but not appropriately licensed to install solid exterior doors.
I have a lawyer who is kind of confident about the case giving all the facts (contractor never finished the work, didn't pass the final inspection and not appropriately licensed to do part of the contract) but I am just worry and I would like to know what are my chances to win this case and what are the odds that he might be granted his claim and forclose on my property
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I do want to defer to your local counsel, and my research of Florida law is in agreement with that position. First, the breach of contract (failure to complete work to the scope required by the contract) is an impediment to his lien (if it was a lien by materialmen, subcontractors, or other suppliers that would be a different issue), and the fact that he is unlicensed specifically prohibits him from enforcing a lien under Florida Statute 713.02(7) (http://www.flsenate.gov/Laws/Statutes/2012/713.02)

William B. Esq. :

So with the traditional legal caution that we can never guarantee anything in litigation, I agree with your attorney's view on this matter, and that your contractor's lien is ill-fated.

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


 


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.


 

Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.
Thank you sir for your help.i know u can't predict :) but From your past experience, what can go wrong ? Or what could be his defense in this case?
Expert:  William B. Esq. replied 1 year ago.
I would guess that he is going to argue that the work was entirely within the scope of his license (having information from the city to the contrary can be helpful), and that the work was a complete satisfaction of your contract.

If he is able to prove those two elements he will go a long way towards proving his liens. (Remember, even if he gets his lien there is a long process to actually getting any form of foreclosure or lien sale against your home so there is no imminent threat against your residence, other than on paper, even then you have 30 days to pay the lien before he could even start foreclosure proceedings, which take a significant amount of time in any event).

Given the nature of the litigation as you have stated it, and Florida Courts' current tilt in favor of homeowners, it seems unlikely that the contractor will prevail.

Thank you for giving me the consideration of not having reviewed your documents, but again, in this instance, the statute is clear and your local attorney is confident, the correlation appears very strongly in your favor.
Customer: replied 1 year ago.
Well I doubt he can prove any of the two elements
First he is partially licensed to do the job, and the county licensing board found him in violation of his license by working out of the scope of his license and I provided my lawyer with the county licensing board motion/decision
Second he can't claim that the work was a complete satisfaction of the contract because he applied for the city permit , failed the inspection twice and til today he never passed the final inspection, further more the city building department put a hold on his license so he can't have no contract in that city bcz he didn't correct the non compliant.
Doesnt the fact that he never passed the inspection prove that he didn't satisfy the contract??
The contract states that the final payment is due upon completion, but isn't completion mean he passes the final inspection and satisfy the city permit?
Thanks
Expert:  William B. Esq. replied 1 year ago.
That is usually how it is interpreted, but many construction contracts are "completed" when all of the sticks and stones are in place, as opposed to when all of the permits are signed off.

It appears that in your situation your contract has made provisions to deal with that exact issue (in your favor).
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3227
Experience: Civil litigation attorney for individuals and businesses.
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