[CLC-Discussion] Lien question

Richard Cartlidge RCartlidge at mrachek-law.com
Tue Dec 10 08:20:46 PST 2019


https://cmcflorida.com/principal/jon-eric-macias/

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Bennett
Sent: Tuesday, December 10, 2019 11:04 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien question

All,  I need a referral to a good roof inspector, property located in Polk County.   Any suggestions will be appreciated.

Thanks!


Brian W. Bennett
Board Certified Construction Attorney
Bennett Legal Group, P.A.
Construction & Business Litigation
214 South Lucerne Circle East, Suite 201<x-apple-data-detectors://1/0>
Orlando, Florida  32801<x-apple-data-detectors://1/0>
Direct 407-734-4553<tel:407-734-4553>
General 407-734-4559<tel:407-734-4559>
Fax   407-209-1006<tel:407-209-1006>
www.bennettlegalgroup.com<http://www.bennettlegalgroup.com/>

The information contained in this electronic mail message is privileged and confidential information intended only for the use of the individual or entity named.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited.  If you have received this communication in error, please immediately notify us by telephone at 407-734-4559<tel:407-734-4559>or reply email and delete this message.

From: Brian Bennett
Sent: Monday, December 2, 2019 10:22 AM
To: 'clc-discussion at lists.flabarrpptl.org' <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>>
Subject: Lien question

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
214 South Lucerne Circle East, Suite 201<x-apple-data-detectors://1/0>
Orlando, Florida  32801<x-apple-data-detectors://1/0>
Direct 407-734-4553<tel:407-734-4553>
General 407-734-4559<tel:407-734-4559>
Fax   407-209-1006<tel:407-209-1006>
www.bennettlegalgroup.com<http://www.bennettlegalgroup.com/>

The information contained in this electronic mail message is privileged and confidential information intended only for the use of the individual or entity named.  If the reader of the message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited.  If you have received this communication in error, please immediately notify us by telephone at 407-734-4559<tel:407-734-4559>or reply email and delete this message.

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