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If you have a signed "Contractor Waiver of Lien" are you

If you have a signed...
If you have a signed "Contractor Waiver of Lien" are you still responsible for the contractors material purchased for you project?
JA: Where is the property located?
Customer: Florida east coast st johns cty
JA: Has any paperwork been filed?
Customer: yes all county/state permits & project has been completed but the contractor has not paid the suppler(s)
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
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Answered in 3 minutes by:
9/22/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,329
Experience: 30 years of real estate practice experience.
Verified

If they have signed a waiver of lien then they are estopped form placing a mechanic's lien of the property for which they have signed the lien for.

However, it may not estop a breach of contract action. It would certainly make it more difficult to prove the claim, but it is possible.

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Customer reply replied 2 months ago
Where are you located? We are going to require an lawyer. This contractor did not follow the engineering specific on this project.

While I am a Florida licensed attorney, I am not taking on new clients now (retired).

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Also, The Florida Bar maintains an excellent online referral program:

FLORIDA BAR ATTORNEY REFERRAL

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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,329
Experience: 30 years of real estate practice experience.
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Customer reply replied 2 months ago
Thank you for the quick response. Enjoy your retirement. We were until we lost our FL home to Mathew& loosing $150k on a new sea wall that has been installed incorrectly. AKM

The lien waiver would not preclude you, in and of itself, from bringing a claim for breach of warranty.

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Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,329
35,329 Satisfied Customers
Experience: 30 years of real estate practice experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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