# Florida Contractor Does work and doesn't get paid!!!!!



## localtradesman (Oct 27, 2007)

Hey Guys,

Local Tradesman Inc. recently completed two dywall contracts with two Regeions banks here in Daytona Beach area. This commercial job had three layers of contractors above us. Local Tradesman was the labor force behind the drywall contracting of the banks. 

The Problem is this: We were given the work order to do approximately Three Thousand in additional work not on the original contract. I priced the job, got the ok from the site supervisor and completed the job. Note: These jobs were rush rush due to fact that the banks were open while being remodeled. We worked nights and weekends. The Contractor above us DID NOT turn in a change order to get approved by contractors above him. Well the contractor above me is broke and didn't turn in the paperwork for me to get paid. I went above him and now the contractor is saying he can't pay me. The Big Contractor as of now refused to pay the contractor below him....because of not filing the paper work in time for billing. 

I am wrong to contact Bank, Newspapers, TV....regarding getting my payment??? All I know is that everyone knew the work was getting done and no one is willing to be accountable for the hundred man hours out here. What do I do....??? TV...Pickett the Bank.... I am sick of being ripped off!!!!! The three thousand represents twenty percent of my profit for the Year!!!!

I did not notice the bank as per the requirements for lein laws here in Florida. Sure my fault on that.....but the work was in FACT done and I need to be paid for our services. 


If we all stand up to be heard....we can fight this corruption!!!!

I have hired a Writer to write a story for articles and press releases. Call me in florida....if you want to know who the contractors are. Rob 386-341-0044


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## bwalley (Jan 7, 2009)

localtradesman said:


> Hey Guys,
> 
> Local Tradesman Inc. recently completed two dywall contracts with two Regeions banks here in Daytona Beach area. This commercial job had three layers of contractors above us. Local Tradesman was the labor force behind the drywall contracting of the banks.
> 
> ...


When did you 1st supply labor to the contractor?


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## Ed the Roofer (Dec 12, 2006)

Extra Change Orders can be subitted after the fact, even though late, but the contractor needs to do so.

Lien the property, NOW.

Ed


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## bwalley (Jan 7, 2009)

Ed the Roofer said:


> Extra Change Orders can be subitted after the fact, even though late, but the contractor needs to do so.
> 
> Lien the property, NOW.
> 
> Ed


I will look at the lien chart, but he may be too far removed from the owner to have lien rights.


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## localtradesman (Oct 27, 2007)

We started the job in Nov. and Completed by the first week in Jan. We only have 45 days from when the job STARTED to lein property. My mistake, but, still did the work!!


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## rbsremodeling (Nov 12, 2007)

localtradesman said:


> We started the job in Nov. and Completed by the first week in Jan. We only have 45 days from when the job STARTED to lein property. My mistake, but, still did the work!!



Lien it anyway


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## bwalley (Jan 7, 2009)

rbsremodeling said:


> Lien it anyway


Filing an improper lien can subject you to triple damages.

If it is found to be a fraudulent lien, it is a 3rd degree felony.


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## rbsremodeling (Nov 12, 2007)

bwalley said:


> Filing an improper lien can subject you to triple damages.
> 
> If it is found to be a fraudulent lien, it is a 3rd degree felony.


He seems to have a legit reason for the lien. 

The felony charge would come into play if the lien was filed for malicious reasons and without merit.


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## Five Star (Jan 15, 2009)

i would take the contractor and the bank to court, you have a better chance in small claims,

you,ll make the contrators look like dead beats in front of the bank that hired him.

as long as you got the change orders in writing and signed 

it happened to me 9 mnths later on a house i trimmed for a major gc
i ended up sueing the people first and they pulled him into it. 
i would of got intrest on the money if i had it in my contract.

chk with you local gov
but i think its a better way to go


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## bwalley (Jan 7, 2009)

rbsremodeling said:


> He seems to have a legit reason for the lien.
> 
> The felony charge would come into play if the lien was filed for malicious reasons and without merit.


You might want to read Florida Lien laws before giving legal advice on the matter.

He missed the 45 day notice, he must notice the owner within 45 days of his 1st furnishing of material or labor.

Since he missed the deadline, he can not legally lien the property.

Since he is a sub, sub sub contractor, he doesn't have lien rights even if he did file a NTO, and filing a lien would be illegal.

just because he doesn't have lien rights, does not mean he doesn't have other legal remedies.


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## rbsremodeling (Nov 12, 2007)

bwalley said:


> You might want to read Florida Lien laws before giving legal advice on the matter.
> 
> He missed the 45 day notice, he must notice the owner within 45 days of his 1st furnishing of material or labor.
> 
> ...


Do you know a Legit contractor who filed a lien that has been charged?


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## bwalley (Jan 7, 2009)

rbsremodeling said:


> Do you know a Legit contractor who filed a lien that has been charged?


I am not aware of it happening, that does not mean it hasn't happened, I also know what the Florida Statute says about line laws.

I am sure Regions Bank has a lot better Attorneys than this guy can afford and it is the State of Florida that enforces criminal law, fraudulent liens are Criminal, not civil.

This guy is not a contractor, he provides labor to contractors and his company should be licensed to do drywall, which they aren't and that is also a valid defense against lien laws, as unlicensed contractors have no lien rights and their contracts are not valid.


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## rbsremodeling (Nov 12, 2007)

bwalley said:


> I am not aware of it happening, that does not mean it hasn't happened, I also know what the Florida Statute says about line laws.
> 
> I am sure Regions Bank has a lot better Attorneys than this guy can afford and it is the State of Florida that enforces criminal law, fraudulent liens are Criminal, not civil.
> 
> *This guy is not a contractor, he provides labor to contractors and his company should be licensed to do drywall*, which they aren't and that is also a valid defense against lien laws, as unlicensed contractors have no lien rights and their contracts are not valid.



How did you arrive at this conclusion?


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## bwalley (Jan 7, 2009)

rbsremodeling said:


> How did you arrive at this conclusion?


By looking up the name of his company here.

https://www.myfloridalicense.com/wl11.asp?mode=0&SID=

www.sunbiz.org


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## localtradesman (Oct 27, 2007)

*Local Tradesman is Checking in Here!!*

I know we can not lien the bank. I have informed all of the contractors with exception of the main General Contracting company that I am not going to court on this!! I told them this is about accountability for paying a man for what they have done. I am bulling them with their own politics. Basically, I am blowing the whistle on them and calling them out to a group meeting or face to face encounter to settle this matter. The contractor above the one that hired us...won't even come out of his office to meet me when I go to his office for answers.


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## bwalley (Jan 7, 2009)

localtradesman said:


> I know we can not lien the bank. I have informed all of the contractors with exception of the main General Contracting company that I am not going to court on this!! I told them this is about accountability for paying a man for what they have done. I am bulling them with their own politics. Basically, I am blowing the whistle on them and calling them out to a group meeting or face to face encounter to settle this matter. The contractor above the one that hired us...won't even come out of his office to meet me when I go to his office for answers.


Who hired you?

They are the one responsible for paying you, then they deal with the Contractor who hired them it goes up the line to the GC.

Seems to me you are cutting out a few people and trying to go directly to the GC.

Did the GC sign Your change orders and authorize the work in writing?


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## Five Star (Jan 15, 2009)

bwalley said:


> By looking up the name of his company here.
> 
> https://www.myfloridalicense.com/wl11.asp?mode=0&SID=
> 
> www.sunbiz.org


he,s screwed :whistling


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## Patrick (Apr 12, 2006)

localtradesman said:


> Hey Guys,
> 
> Local Tradesman Inc. recently completed two dywall contracts with two Regeions banks here in Daytona Beach area. This commercial job had three layers of contractors above us. Local Tradesman was the labor force behind the drywall contracting of the banks.
> 
> ...


So the extras were three thousand? I am assuming it wasn't all profit?? Lets say just for fun you HAVE EXTREMELY low overhead on that $3000 of $200 Which would give you a profit of $2800 and way less if you are paying employees wages. 

If thats 20% of your profit for the entire year, Why dont you go get a minimum wage job somewhere?


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## RidgeWalker (Nov 1, 2006)

Bad press is far more effective I think. No company wants to be in the news for not paying hard working people what they are owed, especially right now.

Here's exactly what I'd do if I were you.

I contract the banks regional president and inform him of what has happened. Do not make any threats because you are going to back up your word. If you don't get results you will go to the media and proceed to do your thang. Remember to have ALL applicable documentation supporting your claim because he's/she is going to ask for it. Give them 72 hours to get back to with a resolution. 

If you don't get a satisfactory resolution this is what I'd do next.

Send a certified letter with return receipt requested. Send it to the address the company has registered at the STATE, not the branch where you did the work. In the letter state the facts and make your demands and give them X days to reply. Keep a copy of the exact letter you send them, and make sure not to LOSE the receipt you get from the post office.

Should they NOT reply and ignore the letter and its demand take them to court immediately. They will look like total fools in the courts eyes for not responding to your demand. 

What happens in court? Well I can't be presumptuous to know for sure, however I think any judge is going to ask them why they either ignored the letter or decided not to respond. They are going to look foolish. If the bank felt you had no claim they'd surely respond no? If you did have a claim and they ignored it why would they do that, making them look even more foolish.

Its also entirely possible that they send no one to pick up the letter in which it will be returned to you. If that happens DO NOT OPEN IT, let the judge open it when you bring it to court with you. Can you say gotcha??? LOL

Good luck!

PS: Make sure to put in your letter that you intend to immediately take them to court should they choose to ignore the letter.


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## localtradesman (Oct 27, 2007)

For your info...message number 12....I moved here a year ago and I immediately conformed with local regulations by forming a business and since have Inc. the company to conform with regulations for sub contracting work out. Workmans Comp is run through labor compaines here all the time for small contractors that do not have the comp policy as their company is not big enough to be eligible to buy it. This is legit, from what I am being told. My company for the record contracts work for anything that requires NO permits and I have other companies that can contract other work and I become their sub. Anyway, I am not so sure you know what you are talking about.....you do a/c work...right??? Not sure that you have your facts straight. How would you know how my business opperates?? I will check with this Certified Government money maker to see if I need this Certification also. Gladly do it if I need it, so please don't assume things. You know what they say about that!!!!!


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