I contacted Mr. Davie (Billy) because I had completed a $24,000 home repair project and the customer was refusing to pay the remaining $13,000. Additionally, the customer would not give a reason for the refusal to pay and had cut off all commination. I was charged $250 for the initial consultation;... were Mr. Davie examined my construction contract and project correspondence. We discussed my rights under Florida’s Lien Law and decided that if a settlement could not be reached he should file to enforce the Lien. We established a set of objectives that he felt he could achieve for a fee of $2,500 (10 hours at his hourly billing rate of $250/hour) which I paid. He contacted the customer in an attempt to reach a settlement and was rebuffed. He then sent a letter to the customer stating the merits of my complaint. This also produced no results. At this point he contacted the attorney for the customer. He related to me that the attorney was willing to authorize a settlement to avoid the Lien exercised. The purported settlement never materialized.
While all of the above was proceeding it was becoming increasingly difficult to contact Mr. Davie. I sent him many emails requesting feedback on his progress and reminding him that he needed to make sure that my Lien rights were protected. In more than one email I related my feeling that the customer was trying to runout the clock on my Lien rights.
In January I had become so frustrated with his lack of communication that I send him an email expressing my profound disappointed in his performance. I reminded him that none of the objectives that were set had been accomplished and that I was being forced to seek new representation.
When I spoke with another attorney, he related that my Lien rights had expired. Because of Mr. Davie’s failure to protect my Lien rights I am not only out his $2,500 fee but I have also lost the opportunity to collect the $13,000 that I hired him to recover. From my point of view, Mr. Davie turned out to be a $15,500 mistake.