Is homeowner responsible if suppliers aren’t paid?
Dear Mr. Feichthaler: I recently hired a contractor for a re-roof, which cost me over $25,000. When the job was complete, the roofer gave me an affidavit showing he had been paid. A few weeks later, I received a notice from a roofing supplies company saying that they had not been paid. The notice said there was now a lien against my house, and that it could even be sold! I called the roofer and they are not returning my calls. What should I do?
-Beverly S.
Dear Beverly: Especially in light of the tornado over the weekend, your question is very timely. Construction lien law is a very complicated area of law, which can catch many consumers off-guard. First, it is crucial when you enter into a contract with a roofer, or any other contractor, that you confirm they are licensed and insured. Our city and construction industry have done a great job reporting and prosecuting unlicensed contractors, but some will still get through.
Especially in your case, you will want to have clear times when pro-gress payments are made. Throughout the job, including at the beginning, the contractor will need funds to pay for suppliers and subcontractors. As you make payments, you should demand a list of who has been paid, and obtain partial releases from anyone that has been paid. Most importantly, when the final payment is requested, you should require not only that your contractor acknowledges he or she has been paid, but obtain an affidavit stating that all suppliers and subcontractors have been paid. You may even want to go the additional step of contacting the supplier and subcontractors directly to confirm payment. That final payment is your leverage to ensure the job was done right, and that everyone has been paid.
Unfortunately, even though the supplier does not have a direct contract with you, the supplier likely does have the right to lien your property to ensure they are paid. You indicated that you have already tried to resolve this with the roofer, and that they were unresponsive. I would advise you contact legal counsel to assist you. In the meantime, advise the supplier that you are actively working on the matter.
Eric P. Feichthaler has lived in Cape Coral for 28 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 14 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.