TAMPA, Fla. — If you own a home long enough, you’ll eventually hire a contractor to make repairs or renovations, but before you hire that contractor you’ll want to learn about a little known and rarely talked about state law that holds Florida homeowners responsible for a contractor’s unpaid bills.
When Tim Jones bought a place in St. Petersburg’s high priced housing market, he was looking for a more affordable fixer upper. He found a home in Coquina Key back in June.
“The old roof. It had a few bad spots in it,” he said. “So, I wanted to go ahead and be proactive about that and get it changed out.”
Soon after he bought the home, he hired contractors to begin renovations.
“I had the roof done, the air conditioning unit replaced, bathroom redone,” he said.
Replacing the roof costs more than anything else, more than $24,000, with the roofing company very specific about payments.
“At the end of each day, like when the supplies were delivered on the first day,” he said. “They (the roofers) wanted full payment for the supplies. Which I paid, and so it was paid in three different increments, and the last one being the day after they finished.”
Jones says repairs began on July 19 - his birthday. Three days later, the new roof was on and Jones said he paid in full. At least he thought he had until he got a letter in the mail less than a month later from the roofer’s supply company notifying him it had put a lien on his home for $6.557.95. The roofing company hadn’t paid yet for supplies.
“They said according to state law they can put a claim of lien on someone’s home,” he said. “Until they get their money from the roofing company.”
And the supply company is absolutely right, says Pinellas County Consumer Protection Manager Jason Ohman, thanks to the Florida Lien Law.
“The Florida Lien Law allows a person who provides labor or materials to file a lien against the property if they’re not paid in order to allow them to get paid in using this when your property is collateral,” he said. “You could essentially get stuck paying twice for the same job.”
Ohman says the law has been on the books for decades. As you can imagine, Jones’ frustration virtually sent him through the roof he thought he just paid for.
“That’s kinda crazy because why should you be out of money for an attorney when you have proof that you already paid for the service in full?” He said.
If he doesn’t pay, county officials say the supply company could foreclose on the entire home, roof and all. Officials say he can either pay the lien or fight it in court.
Ohman recommends that homeowners ask contractors for a “lien release agree” before they start work. For Tim, it’s a $6,500 lesson he wants you to remember.
“It’s buyer beware when it comes to contractors in Florida,” he said.
State officials didn’t return a request for comment on why the lien laws are necessary by press time. Across the country, 26 other states have similar lien laws.