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Hired a pool company to re-model pool, lender will not release funds because Im dissatisfied with their work can they file lien?

Tampa, FL |

I wrote a signed document to the lender to release the funds and that I would deal with the dissatisfaction directly with the contractor, however, they refused to release the funds even though I was pre-approved and that's the only reason why I agreed to the work in the first place. I was given no notice that this could happen when I signed the contracts. Can the contractor file a lien against my property?

Attorney Answers 3


  1. Assuming the time limits are in order, of course it can lien your property.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  2. I am not sure from your question that you and the lender ever had an agreement to lend money. If you do have a loan agreement, it will be spelled out exactly how funds can be disbursed. Normally a lender never does what you say because to do so may invite the lender to be sued for interference. Yes, there can be a lien filed, but your defense will be that the contract was breached due to poor construction. I would take your paperwork from the lender to a lawyer and have it reviewed.

    This is not legal advice. Think of this as what you would recieve from a wise uncle. And remember, you have never believed everything your uncle told you either. With free advice you generally get what you pay for.


  3. If you have a loan agreement, that will spell out the lender's obligations regarding disbursement of the loan funds to the contractor and/or to you directly. Regardless of what that agreement provides, the simple answer is that if your contractor performed lien-able services on your home, it can lien for them within 90 days of last furnishing work on the property. If the contractor did not in fact perform the services liened for, or performed them improperly, you can raise that as a defense. You may have other defenses as well. You should have all paperwork regarding the loan and contract with your contractor reviewed by a construction attorney who can advise you on your rights and obligations regarding the lender and contractor.

    Good luck.

    The information provided herein is for general informational purposes only and does not establish an attorney-client relationship. Persons seeking legal advice should consult directly with a licensed attorney or contact the Florida Bar for assistance in finding an attorney.

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