Mobile, AL asked in Construction Law for Florida

Q: I'm a lienor, do I have to give my subs actual pay rate or can I use my billable man hour rate both in lien and statemen

I own a painting company, was hired by someone other than owner/builder (he is pretty much organizer I suppose). evaluated work to be done, provided a verbal proposal on site which included 2,500 deposit down and balance of 2,500 upon completion. I submitted a written proposal via email detailing scope and terms, I then submitted invoice for the deposit amount, was promised the deposit was no problem and if we started on wednesday, he would have my deposit on Friday. He did not have the check on friday, said he would probably saturday...never heard from him until Monday at which time he said he can't pay it, the owner refuses to pay 50% down, I in turn said if you are unable to pay the deposit as agreed, I am unable to return to the job. No deposit, I did not return to the job. I have since filed a lien for the 3 days of labor total 88 hours and 465.00 in materials. Am I within my rights to do this

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1 Lawyer Answer

A: Are you asking whether you can charge him at the hourly rate you owe to your subcontractors, instead of what you would charge to do the work yourself? If that's the rate specified in your proposal, sure.

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