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Good Sunday, I had a pool built last year. I hired my then…

Good Sunday, I had...

Good Sunday, I had a pool built last year. I hired my then friend a GC to build the deck & stem wall around the pool. At the completion of the job he request final payment for his portion of his work and I paid it. (I have the email and payment check. Seven months after his last work was completed the friendship went south and now he is coming up with additional cost and threatened to file a lien on my property if I don’t pay him. It has been over seven months sense his last work on the job. Does the law allow it? Thank you kindly.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

I have a file on the project, pictures and payments to all the contractors involved, including a file of his emails.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The last email he threatening to lien my property. I looke up the time process in Florida and found the he had 90 day from his last proformed work to file.

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Answered in 7 minutes by:
3/18/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,787
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have the emails and records showing what you owed and that you paid what you owed, you need to send him a email telling him to cease and desist his harassment and that if he places any lien you will sue to not just remove the lien, but seek punitive damages for him pursuing a frivolous claim and filing an invalid lien.

Once you put him on notice if he continues, you would be able to sue him for damages for the improper lien, including your attorney's fees AND punitive damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Please see his request for final payment. (I paid the amount stated)On Aug 1, 2017, at 1:24 PM, J. I. wrote:Vince,Attached is the Summary Report and Detailed Report on your project. I have all of the accounting complete at this time.
The only thing not included on the accounting is the check for $2000.00 you gave me a few months ago.You have paid Plantation Construction: $22,000.00
You have paid ***** *****: $2000.00
Total paid by you: $24,000.00When we started this job in September, I figured I would only charge you $4,000.00 for my profit. The job was estimated to be between $17-$20k. That was for the "pool deck". That job included the retaining wall, pool deck, de-mucking and sod just around the pool area.When we started the job you made several changes and added new jobs. By account there were 15 changes and additions. You're aware of the 15 changes. Please notice on the detailed report that for the 9 months to complete the job, I had no payments to me except 2 checks for reimbursement that I paid cash for items need for your job, which totaled $70.00.Total paid out on your behalf: $24,871.50 (as seen on Summary)This leaves a balance due of: $871.50, plus the balance of: $2000.00 profit to me from the pool deck job.
The other 15 jobs please consider that a gift from me to you of all my labor.Total Due: $2,871.50When could I come by to pick up a check?--
Thanks,
Jim

Thank you for your reply.

It does not matter what he sends you if you have an email showing what the total cost would be and you paid him in full. You made the statement you have emails showing that you paid him in full as agreed upon and that you have the canceled checks as proof. So if that is the case, then my answer above is what you need to follow.

If you do owe him the additional $2,871.50 then you need to pay that money, because if you owe it he can legally place the lien.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
I did pay him $2,871.50 and I have the copy of the cashed check. (Memo “Final Payment”)
Customer reply replied 4 months ago
He want an additional $3,400.00

Thank you for your reply.

Then you need to tell him what I said in my first response to you. That is your recourse.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,787
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you

Thank you.

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