In accordance with the Miller Act and the Department of Labor, Mr. A. Falanga and his company "CREW69", hereby gives intent to notice that has a lien upon your property in result of non-payment of services from "Blue Roof Operation". We hereby demand that the amount of $11,076.60 be paid by money order or certified check on or before February 17, 2006, and notify that unless said claim is paid within the herein specified time, your house will be advertised for sale and sold at Public Auction at our warehouse.
It goes on with more, stating that FEMA, the US Army Corp of Engineers, PRTS Inc., Direct Installation Services and Bramer Construction hasn't been cooperative in paying. They then state that under Florida Labor Laws, they have the right to put a lien on our property.
One, they put two tiny pieces of tarp on our roof, covering perhaps 20% of one side of our roof. Two, can they take our house for FEMA, etc. not paying? And three, how in the h*ll can they charge $11,076.60 for two tiny pieces of tarp?!? We had the whole roof replaced for just over $7,000.00. What can we do? I thought we should contact our local TV stations, and our senators to let them know what is going on?
They can't take our house, can they?
Thanks for your help.
Talk to a lawyer.
Liens are standard in the construction biz, but they are obviously saying they didn't get paid. Where's your paperwork from FEMA .. hopefully the document that indicates they're putting out the contract for the roof and any other pertinent paperwork? If you got FEMA assistance, I'm sure you got a control or some such #. Contact them immediately on Monday, when you have all your paperwork at hand.
I would have said TV, but you said it first! Make those contractors squirm!
No, they cannot take your home. If it is like my state, all they can do is file a lien. Did you call them for the temp repair or FEMA?
Whatever you do, DO NOT try to deal with FEMA to straighten out this mess. Do NOT ask for their help, do not seek guidance from them. FEMA is a red tape disaster that will only lead to more heartache.
Get an attorney asap!
First don't panic. Many subcontractor's and contractor's routinely place leins on homes and them release those leins once they get paid. Secondly if you have homestead they can not take your home. A lein just gives them a place in line to claim money if you should sell your house. Trust me the bank has first claim of lein.
The Florida Statute you need to look up is 713.
I don't think whoever placed the tarp on your home is familiar with Florida law. I will double check but I am pretty sure that Federal and State government is exempt from the requirements of 713. Which I think means a lein can not be filed against you.
Go to Palm Beach County Clerk of Circuit Court online site and check public recording. See if there is an lis pending or any other action on your property.
It sounds like the letter is an attempt to extort money from you. I would call the Palm Beach County building department and maybe your State's attorneys office.
I will do some more research for you and let you know what I find out. Oh by the way DO NOT PAY ANY MONEY TO ANYBODY FROM THAT LETTER.
Gosh I do not like lawyers but do not talk to anyone or sign anything without one...
Easy, greed and government largesse run amok.........
The following is sarcasm: If I were you, I'd get a bunch of cash and go buy those govt. issued $2000 debit cards and offer the owners $.25 on the dollar cash for them..........
$11,000 sure sounds like a total rip off.
ping
I would contact every media outlet Via Press release and repeated faxes..
Contact all of you representatives from local, state and federal, this is crap.
I bet you wouldn't hire a company called CREW69, but it looks like the government did.
If it is just an notice to lein, that is not that uncommon a practice for costruction Companies. In effect, it puts a legal claim on your home, that must be satisfied before the property can close at sale or at refinance. It's a good legal tool that protects a subcontractor in a case like this. This is just my opinion, and not my legal advice to you.
I would encourage you to get professional, legal advice in your local area immediately, and to always do so as soon as possible wheever you get a notice like that from anyone. best of luck to you...
If it is just an notice to lein, that is not that uncommon a practice for costruction Companies. In effect, it puts a legal claim on your home, that must be satisfied before the property can close at sale or at refinance. It's a good legal tool that protects a subcontractor in a case like this. This is just my opinion, and not my legal advice to you.
I would encourage you to get professional, legal advice in your local area immediately, and to always do so as soon as possible wheever you get a notice like that from anyone. best of luck to you...
how in the h*ll can they charge $11,076.60 for two tiny pieces of tarp?!?
Good question. I was going to say, you could get a whole new roof for less than that and apparently you did!
Personally, I’d put a lean on the contractor's house and the contractor’s mothers house and tell him to go f#k himself if he ever expected to see a dime, but what do I know…
Scam. Get a lawyer. Sue THEM.
Contact Charlie Crist's office...especially since they are charging you (or FEMA) an exorbitant amount. Go to:
http://www.myflorida.com
And while you're at the site, drop an email to Jeb too...he reads his own email.
Oh....and by the way; as others have pointed out.......they can NOT take your house. Relax on that one.
This article sounds like the Florida Attorney General has punished firms in prior hurricanes for posting liens on consumers property. From what you wrote, it doesn't appear that the company ever billed you, so it seems to be pretty close, and I would assume that FEMA would replace the insurance companies. Contact the AG's office, and good luck.