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Question DetailsAsked on 5/4/2015

Florida Construction lien for materials

How can a Florida homeowner protect themselves from a materials provider such as a roofing or pavers manufacturer when the contractor, although highly reputable , requires full payment for the project and promises a "release" from the manufacturer within 30 days after job completion?

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You don't make final payment till you receive the lien releases - perhaps once work is essentially done pay enough for him to pay the subs and suppliers and get their lien releases, then he gives you his when you give him the final payment. Commonly, direct-purchase materials cost is included in early progress payments so those materials lien releases can come in fairly early, then subs typically receive a progress payment passed through from the amount he receivecs from the owner, and they finish up a bit before the GC finishes his final punchlist work so he pays them thier final payment once their work is approved (no punchlist items) but shortly before the final payment is received from homeowner, at which time the sub and GC lien releases are turned over.


30 days after completion to provide the lien release is illegal in some states where 10 days is the limit, Florida may be different - I am too tired to look it up. But excessive to me - at the VERY worst he should be able to provider a lien release within a couple of days after the applicable payment is received.


One thing - HIS lien release should stipulate not only that he is releasing his claims, but thsat he has fullyo paid all vendors and subcontractors - so if he falsifies that, then that is out and out fraud if he has not paid them.

Answered 5 years ago by LCD




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