[CLC-Discussion] Lien question

Mon Dec 2 08:18:05 PST 2019

My understanding is that the materials are not defective.  As a result, the contract price cannot be reduced by the cost of the materials (including roofer’s markup).  The supplier is just as innocent as the homeowner who hired the roofer.  Did owner pay ½ before or after the NTO?  While it is unfortunate that owner will have to purchase additional materials as a result of roofer’s defective work, and that cost is certainly part of the damages claim against roofer, in my opinion the lien is valid.  Just my 2 cents from someone who represents  a variety of suppliers. 

Steven F. Thompson, Esq.
Thompson Commercial Law Group
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Gibbons, Michael
Sent: Monday, December 02, 2019 10:42 AM
To: 'Brian Bennett' <brian at bennettlegalgroup.com>; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien question

Under 713.01(7) the Contract Price is subject to reduction by amounts attributable to “defects in workmanship or materials”.  Owner may not use LDs to reduce the  Contract Price as to any other lienor but the statute impliedly permits an Owner  to reduce the Contract Price as to subs and suppliers for defective work unrelated to LDs.  In your case, it appears homeowner may have to essentially pay twice for one roof and the cost of the new roof may serve to reduce the Contract Price of the original Direct Contract that was defectively performed by the original roofer.  

Michael R. Gibbons

Shareholder

215 N. Eola Drive

Orlando, FL 32801

D: 407.418.6378 | P: 407.843.4600 

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From: clc-discussion-bounces at lists.flabarrpptl.org <mailto:clc-discussion-bounces at lists.flabarrpptl.org>  [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Bennett
Sent: Monday, December 02, 2019 10:22 AM
To: clc-discussion at lists.flabarrpptl.org <mailto:clc-discussion at lists.flabarrpptl.org> 
Subject: [CLC-Discussion] Lien question

CAUTION: THIS IS AN EXTERNAL EMAIL 

Homeowner hires a roofer.  Roofer orders roof tile from supplier.  Roofer installs roof.  However, underlayment and other problems with installation cause roof to be rejected by county inspector and the roof needs to be replaced.  There is nothing wrong with the roof tile, but it may not be salvageable when roof is redone and new tile will likely be required.  

Roofer never paid for the original roof tile (homeowner paid ½ the contract price to roofer, but roofer never paid the supplier).  Supplier liens the house.  I think I know the answer, but is there any defense to the supplier’s lien based on the defective installation by the roofer thus rendering the original tile largely unusable?  The lien appears to be proper in all technical respects.  

Thanks,

Brian W. Bennett

Board Certified Construction Attorney

Bennett Legal Group, P.A.

Construction & Business Litigation

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