Posted on 02/04/2006 6:08:17 PM PST by Dooderbutt
I live in Palm Beach County and we just received notification of a Lien against our house from the company who put the temporary roof (tarp)on our house for FEMA/Blue Roof after hurricane Wilma.
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!
If this company had sent these out with smaller dollar amounts, how many people do you think would pay it rather than risk losing their house?
Oh, I was thinking of calling our local TV stations, too. This is bull pucky. Where can they get off charging this much, and threatening to take someone's house?!?
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!
The Southern Baptist Convention put on hundreds if not thousands of "Blue roofs" during the hurricane relief effort. I helped with about 20 in Punta Gorda. They were free. Now they weren't designed for more than three months or so to get you by mind you.
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...
I think you SHOULD call the media. If they won't interview you then write some editorials. Email the governor too. That bill is ridiculous.
It looks like we have quite a few calls to make on Monday! They said that in two weeks, Blue Roof received more than 30,000 requests for assistance, can you imagine how many people received notices like this??
I am fairly certain that DS is correct. They can only file a lien. If you ever try to sell your house, they would get the first proceeds. Something sounds very fishy about this to me. I would contact either a lawyer, or maybe the TV station to see what they "advise". $11,000 for a blue tarp sounds completely wrong, maybe that's why FEMA wouldn't pay. Good luck!
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.
Thanks LastChance. We didn't plan on paying a thing, we were going to contact people first thing Monday. There was nothing filed on the public records as of now. I really appreciate your help.
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.
hi, again. My husband pointed out that the company names in the letter sure sounded bogus. You can find out if a contractor has a State License by going to www.myflorid.com and going to find agency. Look up Department of Business and Professional Regulation and do License Search.
I think because of the amount of money that are trying to scam you out of you may have a basis for a criminal complaint. Please see the State's Attorneys office.
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