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Troy Kelley Smith

Troy Smith’s Answers

9 total

  • Can someone I hired to build kitchen cabinets for one of my customers put a lien on his property?

    I'm in Florida and my neighbor had asked me to remodel his kitchen. I hired a contractor to build the cabinets. I gave him all the cabinet sizes, type of wood and finish. He quoted me between $3500 & 4000 and said he would install them. He said it...

    Troy’s Answer

    Don's answer is on point. Furthermore, due to the fact that no permit was involved in this job, it is also highly likely that there is no notice of commencement recorded in the public records. This document, among other things, provides lienors with the owner's contact information. Therefore, it is similarly unlikely that the lienor properly served a notice to owner. The lienor would be required to serve a notice to owner upon the owner within 45 days of first starting its work (assuming the cabinets are specially fabricated) via certified mail, return receipt requested. Unless the lienor timely served its notice to owner, the lienor's claim of lien will not survive in litigation.

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  • I completed a job in august 2010.filed an intent to lien.he did not pay. on1-9-20-11 i had him sign a promissory note of 4

    payments. he made only 3 the last payment was on 2-17-11.can i still file a lien ?

    Troy’s Answer

    Assuming that your last day on the job was august of 2010 and that you did not record a lien already, you cannot record a valid lien at this point. You have to record the lien within 90 days of your last provision of labor, services or material to the job.

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  • Contractor doing work in home, causes electric overload and fire due to wrong fuses in homeowners electric box. Who is at fault

    A contractor doing work in home. Not aware that the homeowner has fuses in electric box of 30 amps which should have been 15 amps. My equipment overloaded electric wiring causing a fire. Who is liable for the damage in the home.

    Troy’s Answer

    Agree with prior responses. However, you need to review the construction contract to determine if this risk was allocated within the terms of the contract. That being said, this matter should be covered by either the contractor's CGL policy, the homeowner's insurance policy or possibly a builder's risk policy, if obtained.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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  • Construction - responsible to reinstall faulty material?

    I am a licensed and bonded general contractor. We installed a deck for a customer several years ago. When the recycled decking material arrived in two batches, we noticed that they were different. The distributor told us that they were from dif...

    Troy’s Answer

    While I am not familiar with the construction law in your state, based on the facts in your question, I agree with the comments so far and you should provide the labor. Your best chance to recover the costs of your labor to demo and reinstall the conforming decking is to file a claim against the distributor. You will have to prove that the distributor did in fact make these representations and that you installed the material in reliance upon the distributor's misrepresentation.

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  • How do I file a mechanics lien on a property that I was a sub-contractor on and haven't been paid for yet?

    I did work for a general contractor on a residential build supplying and installing Audio/Video wiring. The builder keeps telling me he will pay me when he takes a draw from the bank. The debt is now 45 days old. I am a small business and can't ge...

    Troy’s Answer

    I am not licensed in Texas but most states have statutory conditions precedent that a potential lienor, such as your business, must satisfy in order to record a claim of lien against the owner's property. In Florida you must serve a Notice to Owner upon the owner within 45 days of providing first labor, services or material to the job. Then you have to record the lien within 90 days of last provision of labor services or material to the job. If you don't satisfy either, you cannot record a valid claim of lien against the property. I am not sure if Texas has the same requirements and you should contact an attorney licensed to practice in Texas that specializes in construciton law.

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  • I Was Cited for reroofing a multifamily duplex in Tampa florida without a permit

    I Was Cited for reroofing a multifamily duplex in Tampa florida without a permit They are reqireing me to get a permit pulled by a roofing contractor and Have a Affidavidt signed stating that the decking nailing has been upgraded and that a secon...

    Troy’s Answer

    • Selected as best answer

    Depending on the county, you may be able to pull the permit as the owner. You will have to pay a penalty for failing to pull the permit initially. Usually double the cost.

    Also, if you are having trouble finding a licensed roofer that will sign the affidaivt, try a roofing consultant that maintains a roofing license. Have the consultant inspect the roof and issue a report as to the construction. If that consultant says that it was constructed in accordance with the Florida Building Code, you are more likely to get a roofer to pull the permit and sign the affidavit.

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  • If I paid a contractor to perform work on my home, can the subcontractor he used file a lien against my property?

    I paid a contractor to remodel my pool. The subcontractors were apparently not paid by the contractor after the work was done. One of the subcontractors is now threatening to file a lien against my property for their work being unpaid. I paid m...

    Troy’s Answer

    To have a valid lien against your property, the sub, with whom you do not have contractual privity, must serve (via certified mail) a document titled Notice to Owner on you. If you have not been served with this document within 45 days of the subs first work at the project then he should not have a lien against your property. If the sub did timely and properly serve the NTO, then the sub must also record its claim of lien within 90 days from its last provision of labor, services or material to the project. you would not sue the sub unless there is a defense to the lien claim such as failing to comply with the time limits stated above. You would sue your GC for failing to pay - breach of contract.

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  • Release of construction lien-florida

    contest served, been 90 days-no response. do i also need to serve summons. i have opened case. what paper work is needed to have judge sign off lien for failure to respond to contest? Can I request previous attorney fees for all attempts to solve ...

    Troy’s Answer

    If you properly issued the notice of contest and no legal action has been filed by the lienor, then the lien has expired per the statute. See 713.22. Unless you need to have some separate documentation evidencing this legal fact (possibly for a lender or title agent), you don't need to do anything further. If you do need some additional documentation, then I would suggest startign with a letter demanding the execution and recording of a satisfaction of lien in lieu of legal action. If the lienor does not satisfy the lien voluntarily, then you can file a complaint to show cause against the lienor per 713.21 (4). If the lienor fails to show cause, which generally means it has to file a counterclaim to foreclose its lien within 20 days, then the Court should enter judgment on your behalf. You will have a claim to recover your fees, in the discretion of the Court, for prevailing on this issue. (713.29) However, the award of fees by the Court is no longer mandatory and depends on whether the Court determines if anyone prevailed on the significant issues of the case.

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  • Release of construction lien-florida

    contest served, been 90 days-no response. do i also need to serve summons. i have opened case. what paper work is needed to have judge sign off lien for failure to respond to contest? Can I request previous attorney fees for all attempts to solve ...

    Troy’s Answer

    If you properly issued the notice of contest and no legal action has been filed by the lienor, then the lien has expired per the statute. See 713.22. Unless you need to have some separate documentation evidencing this legal fact (possibly for a lender or title agent), you don't need to do anything further. If you do need some additional documentation, then I would suggest startign with a letter demanding the execution and recording of a satisfaction of lien in lieu of legal action. If the lienor does not satisfy the lien voluntarily, then you can file a complaint to show cause against the lienor per 713.21 (4). If the lienor fails to show cause, which generally means it has to file a counterclaim to foreclose its lien within 20 days, then the Court should enter judgment on your behalf. You will have a claim to recover your fees, in the discretion of the Court, for prevailing on this issue. (713.29) However, the award of fees by the Court is no longer mandatory and depends on whether the Court determines if anyone prevailed on the significant issues of the case.

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