Ian Todd Kravitz’s Answers

If these damages were truly latent (not knowable through reasonable and customary inspection) there may be a window to seek relief through suit. A complaint with the Department if Business and Professional Regulation is free, and may get some action, but they may avoid getting involved in a civil contract matter. Best to consult formally with construction counsel to see where you can go with this.

This is all going to depend on the specific language of your non-compete. You will need to have legal counsel review it's exact terms.

If your services were related to maintenance of the property, you do not have lien rights. It sounds like this is your scenario. If instead you rendered permanent improvement to the property, such a installing landscaping, trees, etc, you may have such lien rights. You should consult experienced construction counsel to be sure. If nothing else, you can bring a small claims action for the monies owed. No lawyer would be necessary for such a suit.

If a construction lien is placed on your property in regards to improvements made on your property, the lien holder can file suit to foreclose on that construction lien. In such proceeding, the Court can order the propetry sold to satisfy the lien, interest, attorney's fees and costs. So yes, you can lose your property if a lienor decides to enforce a construciton lien on your property.

Much will depend on the specific language of your agreement. However, in a broad sense, your contractor is responsible to properly perform his/her work. Pursuant to Chapter 558 Florida Statutes, there is a process in place to try and seek resolution prior to having to file a lawsuit. A specific demand can be sent to the contractor providing him an opportunity to inspect an offer to repair the defective work. This statutory demand requires that certain items be included in such a...

(A) First of all, you need to retain experienced Florida Construction counsel. (B) You cannot foreclose a claim of lien on publicly owned property. (C) you cannot add those other items into your Notice of Nonpayment as to the bond claim. To the extent that you are a proper claimant and prevail on the bond, some of those items can then be added in through court judgment. (D) See item (A) above.

As between you and the contractor you contracted with, you are only released top the extent that you paid the contractor something in exchange for that release. As to any others who may rely upon your release, such as a lender, that release is binding, as long as it is unambiguous. As to subcontractors who may be owed monies, this is never so clean and simple. If for example you recieved a Notice to Owner from a subcontractyor or material supplier, and have not recieved a Final Release of...