What is the name of your state (only U.S. law)? FL
We hired a company to build furniture for us. The contract specifically stated that measurements of specific items were needed to build the furniture. The contract did not state dates of payments, quantities of payments, date of delivery, etc. It specifically stated the total price of the furniture and the type of furniture that would be built once the client provided specific measurements to the company.
We paid the company about 1/3 up front for materials and supplies. In the absence of any measurements supplied, unbeknownst to us, the company proceeded to build and complete the furniture.
1. The company filed a Claim of Lien for the additional 50% payment. Is this allowable when they violated the very essence of their contract by building furniture without any measurements of specific items as was required to proceed with construction?
2. How soon can the company foreclose on the lien if they just filed it?
3. This company is now demanding that we pay them storage and handling fees to store the very furniture that they built. Is their demand considered a reasonable one when the contract does not even contain any reference to storage? In other words, can a company demand and receive storage and handling fees, and cite this demand in their claim of lien, when there was no existing agreement governing storage?
4. The company is now demanding that we also pay their legal fees! There was no indication of legal fees in the contract. Is it not true that, if this lien was contested in court, then the court- and not the claimant - would be responsible for determining who pays the legal fees?
5. We are now making good faith attempts to resolve this dispute but the company is being unreasonable. Should we just contest the lien now or should we ignore it for the year until we can get the company to deliver and install the furniture, provided that it properly fits!
Please advise.
Thank you.
We hired a company to build furniture for us. The contract specifically stated that measurements of specific items were needed to build the furniture. The contract did not state dates of payments, quantities of payments, date of delivery, etc. It specifically stated the total price of the furniture and the type of furniture that would be built once the client provided specific measurements to the company.
We paid the company about 1/3 up front for materials and supplies. In the absence of any measurements supplied, unbeknownst to us, the company proceeded to build and complete the furniture.
1. The company filed a Claim of Lien for the additional 50% payment. Is this allowable when they violated the very essence of their contract by building furniture without any measurements of specific items as was required to proceed with construction?
2. How soon can the company foreclose on the lien if they just filed it?
3. This company is now demanding that we pay them storage and handling fees to store the very furniture that they built. Is their demand considered a reasonable one when the contract does not even contain any reference to storage? In other words, can a company demand and receive storage and handling fees, and cite this demand in their claim of lien, when there was no existing agreement governing storage?
4. The company is now demanding that we also pay their legal fees! There was no indication of legal fees in the contract. Is it not true that, if this lien was contested in court, then the court- and not the claimant - would be responsible for determining who pays the legal fees?
5. We are now making good faith attempts to resolve this dispute but the company is being unreasonable. Should we just contest the lien now or should we ignore it for the year until we can get the company to deliver and install the furniture, provided that it properly fits!
Please advise.
Thank you.