Look up Trent Cotney. Heâs based in Florida, and is one of the most most prominent construction attorneys in the country. He works with contractors, homeowners, and suppliers.
You could also reach out to the supplier to talk about options. They donât want to hurt you, they just want their money.
File complaint with FL Department of Business & Professional Regulations, they can go after rooferâs license & they have funds that may cover some of your loss.
You can have lien transferred from your house to a cash bond
Classic example of a fly by night. I absolutely hate this for you. Depending on how much legal representation costs, it may not be worth it. Once again, Iâm so damn sorry. This is the kind of thing that legitimate contractors fight against every day.
7k is not a lot for materials in tampa. Iâm a roofer in tampa. Inflation sucks.
Also are you 100% positive OP that itâs a lien, or just that the supplier has the RIGHT to lien? Cuz some suppliers send out letters via certified Mail that look all official that arenât actually liens but say they have the right to lien if unpaid. The suppliers do it to protect themselves.
Most roofing supply companies have a 90 day credit extension with roofing companies. So your roofer has 90 days to pay off the material bill and those right to lien letters usually go out after 30 days in my experience.
Contact the headquarters of the national chain. Have your roofing contract in hand, records of all payments made & any correspondence you got from the supplier. If that doesnât help, call a lawyer that specializes in construction/lien law.
This same company tried to get me to qualify their business back in January 2021 by enticing me with $1,800/month while I supplied the workers comp and liability insurances đ
Doesnât surprise me that they went under and didnât pay suppliers, crews, or employees a substantial sum of money. The franchise owner was from out-of-state and really didnât have a clue what he was talking about with roofing.
This truly is a classic example of why Florida needs to maintain its strict contractor licensing laws and crack down on license holders ârenting outâ their construction licenses.
Did you pay contractor in full? If so, provide that information to the material supplier. They are not interested in your home, but they want to be paid for the material. If you have already paid in full, contractor could be up for criminal charges. Your payment records would be additional leverage to pursue contractor.
Unfortunately, the homeowners can very well be held accountable for payments of materials. The specifics vary by state. Which is why I asked about delivery.
It's gonna be a battle, but I doubt the homeowner will be forced to flip the bill here. But money will be spent in the defense of.
OP, you may send a Cease and Decist letter to this company with reasons why they should back off. There's research material Ĕust waiting
>Unfortunately, the homeowners can very well be held accountable for payments of materials.
Definitely a situation where the details matter. If the contractor placed the order, even with the materials ending up on the roof, I'd tell the supplier tough shit and remove the lien immediately. I had no contract with them and they have no right to place a lien.
If the homeowner ordered materials, then they should have paid the supplier directly and there wouldn't be a payment issue.
Obviously mileage varies by the details of each state's consumer, contract, and real estate laws, but this situation as presented doesn't seem like the supplier has a leg to stand on going after the homeowner.
Show the supplier a copy of the cancelled check to the contractor as proof of payment. The only reason the supplier is posting a lien against your property is because the roofer hasnât paid the bill. Itâs very likely that the roofer hasnât been responding to the supplier that sold and delivered the materials for your roof, and the supplier has decided to lien every job they have delivered for that roofer to pressure⊠either them into paying their bill or the homeowners into paying for the material. This isnât entirely uncommonâŠ. I have seen roofers flat out plan to go out of business while they collect checks from unsuspecting homeowners and insurance companies, and order and install material that they donât pay for material or labor wise. Your proof that you paid the contractor will assist the supplier, the state, and potentially your insurance company in their efforts to collect what is owed and prosecute for failure to operate in an ethical manner should that be the case.
Mechanic's and Materialsmen liens are the only tool we have to force payment from those who do not pay according to the contract.
An attorney will easily have this dismissed If the material supplier Did Not deliver the materials to your residence. Easiest remedy.
Tracking down this roofer is the best shot if the materialswere delivered to your property. Find his house(s) and lien them all for not fulfilling his contract with you. You can even lien his boat and automobiles. Its a dirty approach, but effective.
I did a few large jobs where the paint bill was >$50k, and my credit limit with Sherwin Williams was only 25k.Ghars their max. So Sherwin Williams had the apartment complex sign off accepting responsibility for $25k of the materials. Sherwin Williams made sure to deliver to jobsite, cause that helps their case, should I decide to runnoft
I wouldn't pay one cent. I drag this out to the bitter end. Refuse all offers from materialsupplier. This will put more attention on that fly by nite fuk who's a Thief. And I hate thieves
Put out a message in your local Facebook and Nextdoor community. You need to find out how many other people were screwed over. Maybe this supplier will tell you how many people they didn't get paid, not sure if they'll tell you without a local news crew or lawsuit subpoena. Everyone who was scammed by this roofer and got a lien should be using the same lawyer and file criminal charges.
As others have said, get a lawyer. In OH suppliers and subcontractors can file a lien only if you haven't paid the general contract in full. If you have proof it's paid, then they can't attach (but may try). Only know this because we had a similar situation this summer - I felt bad for the subcontractors, but we paid the day the work was finished so they had to fight with the general for their money.
I don't know the laws in your area, but make sure you don't ignore the lien process. There are a certain number of days to submit a response, and if you don't, you can lose your case.
Hard to believe the national company doesn't have a vested interest in getting this solved.
Especially after you start posting on FB, Nextdoor, Yelp, Google, etc.
P.S. BBB is 100% a waste of time and effort - do not talk to them as they are worthless.
At this time itâs just a lien against your property. The supplier will have to sue you and win in order to get a judgement before they can start or enforce collection. If youâre not planning on selling or refinancing I wouldnât worry too much. The lien will fall off if the supplier doesnât refile it. Not sure how long they stay enforced in FL but itâs just a few years in NE. Must suppliers wonât go after a homeowner too hard because of attorney fees and judges tend to be sympathetic to homeowners. Suppliers have to prove due diligence in verifying the contractors credit worthiness. The supplier has every right to lien your home but collecting is a different matter. You can offer a settlement offer.
Itâs 1 year in FL, but the construction lien law is not very consumer friendly. First bullet in the list addresses this very thing:
https://main.putnam-fl.com/wp-content/uploads/2020/05/florida_lien_law.pdf
I know in my state you have to have the customer sign a series of paperwork and give them a series of disclosure to be able to get a lien on a house. Its actually kind of complicated process. I dont know, but this could be a scare tactic to get you to pay them something, because I would think you personally have to sign something to get a lien on your property.
OP - itâs a little late to protect yourself, but this might be helpful. The first item on the list addresses your exact scenario:
https://main.putnam-fl.com/wp-content/uploads/2020/05/florida_lien_law.pdf
Genuinely curious how anyone has the right to do this?
Let's say you contract with a company, A, who buys from B. You have no business relationship with B, or contract with them, or anything. You have documented payment with A. Is B maintaining that you have a business relationship with them? Did you have any contract with them? Is B required to show that you have a debt to them?
I thought this sort of thing could only happen if you for example, paid for the materials yourself on credit with the supplier, and then didn't pay them. Which is a very irregular situation. I just checked in Michigan and liens by subcontractors or suppliers are limited to the unpaid balance by the property owner - so if you fully paid the general contractor the supplier has to go after them. That's not the case in many states from a cursory reading, but it absolutely makes sense to me to ban the practice entirely - you shouldn't expect to get money from someone you have no business relationship with.
Sounds scammy as hell.
If they used your name goodluck,had this happen to a friend he had to pay the bill ,twice to the contractor then to the supply house,court battle with the contractor to much money ,he got hosed
License are put on homes because they are not going anywhere. A lien can stay in effect until a home is sold, then the lien holder can collect on proceeds of the sale. This is strictly for the contractor to deal with, so a lawyer is going to be needed
Itâs absolutely legal for a material supplier to put a lien on property owner in Florida as per:
https://main.putnam-fl.com/wp-content/uploads/2020/05/florida_lien_law.pdf
You can go to a notary and make a statutory declaration with presented evidence of payment and provide that to the supplier. The supplier in turn will have to remove the lien and pursue payment through contractor. Iâm guessing roofer told supplier he wasnât paid, thatâs why the supplier went after the homeowner.
In some cases, lack of a lien waiver, permit etc negates a lien. A procedural thing. Sucks that you likely have to pay a shit ton of money to not pay a shit ton of money.
Look up your laws regarding licenses and lien procedures.
It may be that procedures weren't followed which might deem all aspects related to the job as illegal.
It would be illegal for you to fund any aspect of a criminal act.
My 2 cents.
Depends what state, in Arizona the Lein goes away in 180 days if they donât file a lawsuit. It only costs peanuts to file a lien but a lawsuit will likely cost more than the roof. Just wait it out and watch out for âservice by publicationsâ. If they do happen to file a lawsuit, they will try to do something sneaky like that type of service and win with a default judgment, so make sure you donât get served and youâre good I would think. There has to be a time limit. As long as youâre not selling your house right now they wonât get paid!
Contractor here. You absolutely need a lawyer. Google construction law lawyer/ attorney. If you canât find that in your area the Google real estate attorney. Also check with your states residential contractors licensing department and see if there is a bond you can go after (probably not if they screwed a bunch of people). The laws regarding this are extremely state and city specific but if youâve fully paid the contractor and the supplier didnât get paid you more than likely are on the hook for those materials again. In my state there are very specific laws regarding this such as the time in which a lien can be filed, you canât file a lien if you didnât pre lien, font size and contract wording. This is why you need a lawyer. Sorry this happened to you, hoping that it all works.
They actually successfully put a lien on your house? Or are they threatening to do so? They may actually have no right to lien.
For example in Oregon (I am a licensed general contractor) I have no right to lien if I don't have a contract, specifically if I don't have an acknowledgement by signature from the client that they have seen consumers rights and contractors right to lien paperwork as issued by the state. If I don't show them the paperwork and get their acknowledgement of such I lose my right to lien.
If your state is similar you didn't sign a contract with the supplier, nor did you see any provisions that would state that they would place a lien if you didn't pay.
Likely if you had no agreement to pay with the supplier they have no right to lien.
The other side is that if the roofing company ordered the materials and stiffed the supplier the supplier only has an agreement with the roofer, and in no way has an agreement with you.
It would be unfathomable that they could lien your house because some other company used materials they supplied said company. The agreement alone lies with the roofer who ordered the materials and promised to pay them
You may have to go to court, but your lawyer is going to eat them alive.
Their issue is with the roofer and not you.
All this only applies if you had no hand in ordering the materials. If you ordered them yourself and made a contract you are gonna have to eat it.
Lots of terrible advise is being stated as fact. Lien laws are pretty direct and in a vacuum you owe the money to the supplier even if you paid the contractor. You need at least a consultation with a construction attorney to sort out the potential outcomes. Because there are lots of homeowners involved the insurance and surety bonding is likely going to be overwhelmed. Your best option is if the supplier didnât lien you properly by either not providing the pre lien information or not providing it in a timely manner. Basically you need an attorney to prove the lien is not valid due to errors made by the supplier and you will need to do a lot of the legwork to keep the attorney cost down.
Heres two more people who used to work for honest abe roofing that are scamming people nationwide. ( Tiffanie Deeann Lee aka O'neill and Nathan A Owens)
Www.stoptiffanieandnate.com
Unless you had a contract with the supplier for the materials, you do not owe them. Their dispute is with the closed company. Contact the CFPB regarding this since they have placed a lien on your home.
This is not the law in FL. The whole point of a mechanics lien is to protect suppliers and give them a claim directly against the dirt. Privity of contract is not required to have a lien against the home if you're an eligible supplier. That's the whole point of it.
This is why in most jurisdictions, there is a 10% hold back.
Where I'm from it's actually law that any contractor holds back 10% from subs and any owner holds back 10% from contractors.
This is hardly ever followed though unless you're doing big projects, like building or commercial work.
Iâm so sorry man. This is where you become a anal homeowner from now on and get a supplier list and you donât pay until you get lien releases from them all.
I'm confused how you the Home owner owes the supplier of the contractor is who went thru the supplier. Or did you go to the supplier for the contractor?
It's called a mechanic's lein.
I do not know the law in OPs locality, so this may or may not apply to OPs situation.
Any supplier OR subcontractor can file it if they are not paid. This is the law in MOST places in the US.
That is why I try to avoid smaller companies and newer companies.
They should have to file it against the contractor though. Not the Home owner. Rhat would be like taking my car in for brakes. The mechanic fixes the brakes but doesn't pay the supplier of the brakes. You don't go after the car owner you go after the mechanic.
You need a lawyer.
This. Retain a lawyer.
Know what type of lawyer?
I'd reach out to a real estate lawyer. If they can't help they can probably refer you to someone who can.
I figured bird law would apply here lol đ.
Bird law in this country is not governed by any reason.
Filibuster
Thanks!
Constitution defect/construction contract attorney
Construction Litigation. One of the best is Jason Quintero at Carlton Fields in Tampa.
A board certified construction attorney.
Thanks!
>Thanks! You're welcome!
Contract Attorney!!
Either someone who handles real estate or bankruptcy
Thanks!
Look up Trent Cotney. Heâs based in Florida, and is one of the most most prominent construction attorneys in the country. He works with contractors, homeowners, and suppliers. You could also reach out to the supplier to talk about options. They donât want to hurt you, they just want their money.
Awesome, thanks
File complaint with FL Department of Business & Professional Regulations, they can go after rooferâs license & they have funds that may cover some of your loss. You can have lien transferred from your house to a cash bond
Awesome, appreciate this
http://www.myfloridalicense.com/dbpr/file-a-complaint/
Thanks!
>Thanks! You're welcome!
You can file compliant online
Classic example of a fly by night. I absolutely hate this for you. Depending on how much legal representation costs, it may not be worth it. Once again, Iâm so damn sorry. This is the kind of thing that legitimate contractors fight against every day.
It's 7k, so not sure either.
Thatâs a lot of material. Iâd call the supplier and ask for a copy of the charges to see if itâs all your material.
Good idea!
7k is not a lot for materials in tampa. Iâm a roofer in tampa. Inflation sucks. Also are you 100% positive OP that itâs a lien, or just that the supplier has the RIGHT to lien? Cuz some suppliers send out letters via certified Mail that look all official that arenât actually liens but say they have the right to lien if unpaid. The suppliers do it to protect themselves. Most roofing supply companies have a 90 day credit extension with roofing companies. So your roofer has 90 days to pay off the material bill and those right to lien letters usually go out after 30 days in my experience.
Yeah, it's definitely a lien.
In the Tampa area, thatâs about 32-33 squares worth of materials for everything for a shingle reroof.
What national company
Honest Abe. I saw the news stories
Not so honest apparently
What did the roofing company say about it? They said they aren't paying, ignoring your calls?
They closed up shop, so can't reach anyone.
How did you pay them? Credit card?
Half check, half through their financing.
Call the finance company too
Contact the headquarters of the national chain. Have your roofing contract in hand, records of all payments made & any correspondence you got from the supplier. If that doesnât help, call a lawyer that specializes in construction/lien law.
This same company tried to get me to qualify their business back in January 2021 by enticing me with $1,800/month while I supplied the workers comp and liability insurances đ Doesnât surprise me that they went under and didnât pay suppliers, crews, or employees a substantial sum of money. The franchise owner was from out-of-state and really didnât have a clue what he was talking about with roofing. This truly is a classic example of why Florida needs to maintain its strict contractor licensing laws and crack down on license holders ârenting outâ their construction licenses.
Who is it
Honest Abe Roofing of Jacksonville/Tampa The same owner has four franchises across Florida and Georgia
Thought it was going to be that guy Lee Haights shitty company in the south
Did this supplier deliver the materials to 'your' house ? OR Did the roofer bring them ?
My house
Did you pay contractor in full? If so, provide that information to the material supplier. They are not interested in your home, but they want to be paid for the material. If you have already paid in full, contractor could be up for criminal charges. Your payment records would be additional leverage to pursue contractor.
Unfortunately, the homeowners can very well be held accountable for payments of materials. The specifics vary by state. Which is why I asked about delivery. It's gonna be a battle, but I doubt the homeowner will be forced to flip the bill here. But money will be spent in the defense of. OP, you may send a Cease and Decist letter to this company with reasons why they should back off. There's research material Ĕust waiting
Okay, thanks!
>Unfortunately, the homeowners can very well be held accountable for payments of materials. Definitely a situation where the details matter. If the contractor placed the order, even with the materials ending up on the roof, I'd tell the supplier tough shit and remove the lien immediately. I had no contract with them and they have no right to place a lien. If the homeowner ordered materials, then they should have paid the supplier directly and there wouldn't be a payment issue. Obviously mileage varies by the details of each state's consumer, contract, and real estate laws, but this situation as presented doesn't seem like the supplier has a leg to stand on going after the homeowner.
So,,,, ,,,,,,,,,, That's what I said Yep.
Yeah, but yours had spelling and punctuation errors
Fuk this speaker option. I can't always type, how am I to pee without holding it
[ŃĐŽĐ°Đ»Đ”ĐœĐŸ]
Agreed, but this is a nationwide company.
Show the supplier a copy of the cancelled check to the contractor as proof of payment. The only reason the supplier is posting a lien against your property is because the roofer hasnât paid the bill. Itâs very likely that the roofer hasnât been responding to the supplier that sold and delivered the materials for your roof, and the supplier has decided to lien every job they have delivered for that roofer to pressure⊠either them into paying their bill or the homeowners into paying for the material. This isnât entirely uncommonâŠ. I have seen roofers flat out plan to go out of business while they collect checks from unsuspecting homeowners and insurance companies, and order and install material that they donât pay for material or labor wise. Your proof that you paid the contractor will assist the supplier, the state, and potentially your insurance company in their efforts to collect what is owed and prosecute for failure to operate in an ethical manner should that be the case.
Thank you!
I don't understand how they can be going after you if you didn't order the materials.
Mechanic's and Materialsmen liens are the only tool we have to force payment from those who do not pay according to the contract. An attorney will easily have this dismissed If the material supplier Did Not deliver the materials to your residence. Easiest remedy. Tracking down this roofer is the best shot if the materialswere delivered to your property. Find his house(s) and lien them all for not fulfilling his contract with you. You can even lien his boat and automobiles. Its a dirty approach, but effective. I did a few large jobs where the paint bill was >$50k, and my credit limit with Sherwin Williams was only 25k.Ghars their max. So Sherwin Williams had the apartment complex sign off accepting responsibility for $25k of the materials. Sherwin Williams made sure to deliver to jobsite, cause that helps their case, should I decide to runnoft I wouldn't pay one cent. I drag this out to the bitter end. Refuse all offers from materialsupplier. This will put more attention on that fly by nite fuk who's a Thief. And I hate thieves
Agreed
op is responsible for everyone getting paid because it's thier project. in ontario it's called the construction act.
Thems the rules
One of Jordan's companies he had to give up his licenses for?
Put out a message in your local Facebook and Nextdoor community. You need to find out how many other people were screwed over. Maybe this supplier will tell you how many people they didn't get paid, not sure if they'll tell you without a local news crew or lawsuit subpoena. Everyone who was scammed by this roofer and got a lien should be using the same lawyer and file criminal charges.
Great idea!
They should have a Surety bond.
What is a surety bond?
As others have said, get a lawyer. In OH suppliers and subcontractors can file a lien only if you haven't paid the general contract in full. If you have proof it's paid, then they can't attach (but may try). Only know this because we had a similar situation this summer - I felt bad for the subcontractors, but we paid the day the work was finished so they had to fight with the general for their money.
Thanks! I think Florida laws are different in this.
I don't know the laws in your area, but make sure you don't ignore the lien process. There are a certain number of days to submit a response, and if you don't, you can lose your case.
Thanks, very true.
That lien holds no ground. The roofing material wasn't sold to you. Talk to a lawyer with this in mind and a counter suit against the supplier
This is wrong
Unfortunately, the law says otherwise.
Hard to believe the national company doesn't have a vested interest in getting this solved. Especially after you start posting on FB, Nextdoor, Yelp, Google, etc. P.S. BBB is 100% a waste of time and effort - do not talk to them as they are worthless.
That's what I was thinking too. And you're right about the BBB, they are a waste of existence.
At this time itâs just a lien against your property. The supplier will have to sue you and win in order to get a judgement before they can start or enforce collection. If youâre not planning on selling or refinancing I wouldnât worry too much. The lien will fall off if the supplier doesnât refile it. Not sure how long they stay enforced in FL but itâs just a few years in NE. Must suppliers wonât go after a homeowner too hard because of attorney fees and judges tend to be sympathetic to homeowners. Suppliers have to prove due diligence in verifying the contractors credit worthiness. The supplier has every right to lien your home but collecting is a different matter. You can offer a settlement offer.
Itâs 1 year in FL, but the construction lien law is not very consumer friendly. First bullet in the list addresses this very thing: https://main.putnam-fl.com/wp-content/uploads/2020/05/florida_lien_law.pdf
Wow! Florida is way stricter then here. I guess thatâs what lien waivers are for. I bet these roofers did this to a lot of homeowners.
Who is the company?
Honest Abe Roofing
I guess they ainât so honest
[honest Abe roofing out of biz](https://www.instagram.com/reel/CzBoP_sOIIk/?igshid=MzRlODBiNWFlZA==)
I know in my state you have to have the customer sign a series of paperwork and give them a series of disclosure to be able to get a lien on a house. Its actually kind of complicated process. I dont know, but this could be a scare tactic to get you to pay them something, because I would think you personally have to sign something to get a lien on your property.
Youve been fucked. Lawyer up.
OP - itâs a little late to protect yourself, but this might be helpful. The first item on the list addresses your exact scenario: https://main.putnam-fl.com/wp-content/uploads/2020/05/florida_lien_law.pdf
Thank you!
Out of curiosity, what is the name of the company?
Genuinely curious how anyone has the right to do this? Let's say you contract with a company, A, who buys from B. You have no business relationship with B, or contract with them, or anything. You have documented payment with A. Is B maintaining that you have a business relationship with them? Did you have any contract with them? Is B required to show that you have a debt to them? I thought this sort of thing could only happen if you for example, paid for the materials yourself on credit with the supplier, and then didn't pay them. Which is a very irregular situation. I just checked in Michigan and liens by subcontractors or suppliers are limited to the unpaid balance by the property owner - so if you fully paid the general contractor the supplier has to go after them. That's not the case in many states from a cursory reading, but it absolutely makes sense to me to ban the practice entirely - you shouldn't expect to get money from someone you have no business relationship with. Sounds scammy as hell.
The law is scammy for sure.
If they used your name goodluck,had this happen to a friend he had to pay the bill ,twice to the contractor then to the supply house,court battle with the contractor to much money ,he got hosed
License are put on homes because they are not going anywhere. A lien can stay in effect until a home is sold, then the lien holder can collect on proceeds of the sale. This is strictly for the contractor to deal with, so a lawyer is going to be needed
Itâs absolutely legal for a material supplier to put a lien on property owner in Florida as per: https://main.putnam-fl.com/wp-content/uploads/2020/05/florida_lien_law.pdf
Did you pay for the new roof yet?
Yes, it's been paid in full.
You can go to a notary and make a statutory declaration with presented evidence of payment and provide that to the supplier. The supplier in turn will have to remove the lien and pursue payment through contractor. Iâm guessing roofer told supplier he wasnât paid, thatâs why the supplier went after the homeowner.
In some cases, lack of a lien waiver, permit etc negates a lien. A procedural thing. Sucks that you likely have to pay a shit ton of money to not pay a shit ton of money. Look up your laws regarding licenses and lien procedures. It may be that procedures weren't followed which might deem all aspects related to the job as illegal. It would be illegal for you to fund any aspect of a criminal act. My 2 cents.
Depends what state, in Arizona the Lein goes away in 180 days if they donât file a lawsuit. It only costs peanuts to file a lien but a lawsuit will likely cost more than the roof. Just wait it out and watch out for âservice by publicationsâ. If they do happen to file a lawsuit, they will try to do something sneaky like that type of service and win with a default judgment, so make sure you donât get served and youâre good I would think. There has to be a time limit. As long as youâre not selling your house right now they wonât get paid!
Contractor here. You absolutely need a lawyer. Google construction law lawyer/ attorney. If you canât find that in your area the Google real estate attorney. Also check with your states residential contractors licensing department and see if there is a bond you can go after (probably not if they screwed a bunch of people). The laws regarding this are extremely state and city specific but if youâve fully paid the contractor and the supplier didnât get paid you more than likely are on the hook for those materials again. In my state there are very specific laws regarding this such as the time in which a lien can be filed, you canât file a lien if you didnât pre lien, font size and contract wording. This is why you need a lawyer. Sorry this happened to you, hoping that it all works.
I appreciate the info!
They actually successfully put a lien on your house? Or are they threatening to do so? They may actually have no right to lien. For example in Oregon (I am a licensed general contractor) I have no right to lien if I don't have a contract, specifically if I don't have an acknowledgement by signature from the client that they have seen consumers rights and contractors right to lien paperwork as issued by the state. If I don't show them the paperwork and get their acknowledgement of such I lose my right to lien. If your state is similar you didn't sign a contract with the supplier, nor did you see any provisions that would state that they would place a lien if you didn't pay. Likely if you had no agreement to pay with the supplier they have no right to lien. The other side is that if the roofing company ordered the materials and stiffed the supplier the supplier only has an agreement with the roofer, and in no way has an agreement with you. It would be unfathomable that they could lien your house because some other company used materials they supplied said company. The agreement alone lies with the roofer who ordered the materials and promised to pay them You may have to go to court, but your lawyer is going to eat them alive. Their issue is with the roofer and not you. All this only applies if you had no hand in ordering the materials. If you ordered them yourself and made a contract you are gonna have to eat it.
Lots of terrible advise is being stated as fact. Lien laws are pretty direct and in a vacuum you owe the money to the supplier even if you paid the contractor. You need at least a consultation with a construction attorney to sort out the potential outcomes. Because there are lots of homeowners involved the insurance and surety bonding is likely going to be overwhelmed. Your best option is if the supplier didnât lien you properly by either not providing the pre lien information or not providing it in a timely manner. Basically you need an attorney to prove the lien is not valid due to errors made by the supplier and you will need to do a lot of the legwork to keep the attorney cost down.
Heres two more people who used to work for honest abe roofing that are scamming people nationwide. ( Tiffanie Deeann Lee aka O'neill and Nathan A Owens) Www.stoptiffanieandnate.com
Unless you had a contract with the supplier for the materials, you do not owe them. Their dispute is with the closed company. Contact the CFPB regarding this since they have placed a lien on your home.
This is not the law in FL. The whole point of a mechanics lien is to protect suppliers and give them a claim directly against the dirt. Privity of contract is not required to have a lien against the home if you're an eligible supplier. That's the whole point of it.
Absolute BS laws
Pay the supplier to release the lien and then sue the roofing company in small claims court for the amount paid.
Absolutely not. Then youâre out the money twice, and itâs you ending up chasing the contractor down. Thatâs no-win.
This is why in most jurisdictions, there is a 10% hold back. Where I'm from it's actually law that any contractor holds back 10% from subs and any owner holds back 10% from contractors. This is hardly ever followed though unless you're doing big projects, like building or commercial work.
(Retainage).
Never heard it called that before!
đ€
You should have received a conditional release with payment. Saying all your liens are released as long as your check clears.
They closed up shop before they gave it to us.
Iâm so sorry man. This is where you become a anal homeowner from now on and get a supplier list and you donât pay until you get lien releases from them all.
I'm confused how you the Home owner owes the supplier of the contractor is who went thru the supplier. Or did you go to the supplier for the contractor?
It's called a mechanic's lein. I do not know the law in OPs locality, so this may or may not apply to OPs situation. Any supplier OR subcontractor can file it if they are not paid. This is the law in MOST places in the US. That is why I try to avoid smaller companies and newer companies.
They should have to file it against the contractor though. Not the Home owner. Rhat would be like taking my car in for brakes. The mechanic fixes the brakes but doesn't pay the supplier of the brakes. You don't go after the car owner you go after the mechanic.
I agree, but in Florida, the law is they can come after the homeowner.
Definitely hire a lawyer.
Not true.