Roofer Lien

[Bt1990]

Jurisdiction

Florida

Had a new roof installed which has never been completed as there are several outstanding issues regarding workmanship and state/county construction codes.

The roofers showed up late on the first day and tried to make up for time by rushing and tearing off the entire roof despite it raining which caused multiple leaks and damaged the drywall ceiling. They consumed cannabis and alcohol throughout the job which I have photos of the alcohol but not the cannabis. They did not re-nail to code which can be seen in the attic but they are saying it passed city inspection however I have surveillance footage of the city inspector never going on the roof during the inspection and passing it anyway. Installed one of the gooseneck vents incorrectly which also leaked but they never replaced, just added sealant around it which is not a permanent fix. Drip edge is open in some corners, they damaged the aluminum fascia cover trying to jerry-rig the drip edge they installed incorrectly, and there are two sections of flashing they never removed and re-installed because it would require stucco work - so they just never replaced it which to my knowledge is required by code and the contract.

There are still outstanding issues but the office is saying its complete and these are warranty issues not initial install issues. They now refuse to contact me through email and have stated this on the phone, I have multiple emails sent regarding this matter with no response from office.

Ultimately I told them I will set up an escrow but they need to start over as I do not trust this roof in a hurricane prone area of Florida. They have acknowledged all the issues in writing but it's all talk and none of the issues have been rectified. They put a lien on the home which I intend to fight but would appreciate some input - do I have a case or even though the job is not complete or up to code and the workmanship is terrible do they legally need to be paid at this time?

 

[army judge]

They put a lien on the home which I intend to fight but would appreciate some input - do I have a case or even though the job is not complete or up to code and the workmanship is terrible do they legally need to be paid at this time?

Your question can only be answered by an attorney you retain to assist you in resolving the matter.

Based upon your recitation of events, the only way to rectify your problem is to initiate a lawsuit against the roofing company. Again, to make sure you're successful, you'll need to retain the services of a Florida licensed attorney.

 

[adjusterjack]

Agree. Lawyer time.

 

[welkin]

They put a lien on the home which I intend to fight but would appreciate some input

Don't fret too much about the lien at this point. It is common practice for contractors in FL to place a lien on the property even before they start the work to ensure they get paid at some point down the road. When the job is paid-in-full, the lien is cancelled.

If you have to sue, the lien will be stayed or canceled until the suit is settled and you can cancel a lien by filing a complaint that requires the contractor to show cause why their claim shouldn't be enforced or canceled. You should consult a local attorney for the best way to proceed.

Florida requires that contractors have all requisite licensing for the work related to a lien for it to be enforceable. The first thing to do is check the status of the contractor's license.

A contractor only has 90 days from the earlier of two possible events to file a contractor's lien in Florida. That time limit is either 90 days from the last day the claimant provided work or materials to the property or 90 days from the contract's termination. Check all the dates.

The duration that a mechanic's lien is valid in Florida is generally one year after the date the lien's recorded. You did not give us any timeframe to the events.

Read Chapter 713 of the FL statutes. While it is easy to place the lien, the law must be followed to the letter to effectuate. That includes all notices and procedures.