Miami, FL asked in Contracts, Real Estate Law and Construction Law for Florida

Q: Roofers put lien on both houses disputing payment what attorney/lawyer do I need

The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response

1 Lawyer Answer
Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

A: You are describing construction lien law.

The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation over very small amounts of money, with legal fees far exceeding the amount in controversy.

The builder has one year to enforce his lien by filing a foreclosure of a lien lawsuit against you.

You'll need a lawyer then or pay whatever the builder says.

You can shorten this one year statute of limitations period to enforce the lien, if you like.

You may have a slander of title cause of action and a fraudulent lien cause of action.

Good luck.

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