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Homeowners could find liens against property with bad contractors
By RAY REYES
Tampa Trbune
Published: Jan 11, 2010

When Wendy Whitt of St. Petersburg hired a local contractor to fix her roof, she got more than just a bill for the repairs. She also got a lien against her property.

Whitt's problems started when she hired Marco Alamina and his company, Patriot Roofing Inc., in December 2006 to re-roof her home for $8,325, court records show.

Alamina completed the project, but a construction lien of $6,499 was placed on Whitt's house because Alamina failed to pay his supplier, Suncoast Roofer's Supply Co., for materials used in the project, according to a complaint filed by the Pinellas and Pasco State Attorney's Office.

Whitt paid off the lien a year after her roof was fixed.

"I didn't expect that," Whitt said. "I thought everything was done. An $8,000 job ended up costing me $14,000."

Consumers who don't do their homework on a contractor or grasp Florida's construction lien laws are putting themselves in danger of getting saddled with additional payments they never expected, said Wayne Chalu, the division chief of the Hillsborough County State Attorney's Office economic crimes division.

Homeowners looking into Alamina's work history would find 28 complaints filed with the Better Business Bureau of West Florida against Patriot Roofing - plus the company's current "F" rating - along with more than 30 complaints filed with the Pinellas County Consumer Protection Agency.

Several complaints were settled when Alamina paid restitution, records show. Other cases remain under investigation. He stayed in business despite accusations he botched a job in 2008 and was charged with grand theft, records show.

Alamina paid full restitution in the grand theft case and adjudication was withheld, Assistant State Attorney Theodora Taktikos-Danzig said.

Consumers should check bankruptcy records and local clerk of the circuit courts for past or pending lawsuits against a contractor, Chalu said.

Whitt said Alamina didn't seem like someone with a checkered work history. He was professional, clean-cut and well-mannered, she said. He answered her questions with a "Yes, ma'am" or a "No, ma'am."

"He's a cool operator," Whitt said. "He presents himself very well."

Whitt said she and her husband filed a civil complaint against Alamina to get their money back. At the court hearing, Alamina promised the couple a refund.

"He shook my hand, he shook my husband's hand," Whitt said. "He told me he'd have the money in no time. It was a lie."

Whitt isn't alone. Similar incidents happened to at least two other homeowners who hired Patriot Roofing, prosecutors said.

St. Petersburg resident Seth Laughlin hired Alamina in September 2006 to re-roof his house for about $5,000, court records show. Alamina finished the job but owed supplier Suncoast $77,962, court records show.

Laughlin had to pay an additional $2,182.87 to pay off the lien and prevent his home from going into foreclosure, court records show.

"It's not uncommon," Chalu said of homeowners not fully comprehending construction lien laws. "You need to know the laws and regulations."

Specifically, Florida Statute 713, which states if people working on homes or companies providing materials for the work are not paid in full, those businesses have the right to enforce their claim of payment against the property.

If this construction lien is filed, the property could be sold against the will of the homeowner to settle the costs of the labor, materials or other services which the contractor failed to pay.

Property owners receiving a lien notice should contact the supplier of the materials immediately and ask if their bill has been paid by the contractor, said Taktikos-Danzig, who is prosecuting Alamina's case.

If not, the homeowner should then call the contractor, find out why, then determine if legal help is needed, she said.

"That's the key," Taktikos-Danzig said. "Sadly, a lot of homeowners don't know to do that."

Although Alamina had been served with civil suits and fined by local and state agencies over the years, prosecutors didn't have a viable criminal case against him until the incidents with Whitt and Laughlin, Taktikos-Danzig said.

Alamina, 32, was arrested on warrants Monday after the state Department of Business and Professional Regulation forwarded his case to Pinellas prosecutors. Alamina has been charged with three counts of the misapplication of real property improvement funds. He was released from Pinellas County Jail later that evening after posting $30,000 bail.

An arraignment hearing is set for Jan. 25.

Whitt, who is looking into legal avenues to recoup her losses, said she hopes Alamina doesn't get away with a slap on the wrist.

"I wish he spends time in jail for doing this to other people," she said.

The roof Alamina's company installed is still holding up.

"They didn't do a bad job," Whitt said.

People serious about home improvements should be serious about finding reliable contractors, Chalu said.

"Nothing is foolproof," Chalu said. "But you should take as many steps as you can to protect yourself."

Trouble can be avoided if homeowners get a waiver or release of lien for jobs more than $2,500, state Department of Business and Professional Regulation spokeswoman Alexis Lambert said.

The written statement protects homeowners by removing the threat of a lien from their property. Before making any payments, consumers should get the waiver from suppliers and subcontractors covering the materials used and work performed on the property, Lambert said.

Whitt said when Patriot Roofing presented paperwork to her, she thought she had signed the waiver of lien. It turned out that she had signed a different document that didn't protect her.

"You see this form and it looks like everything is right," Whitt said. "So I signed it and didn't think twice."

Chalu said a thorough check into a contractor's background and work history also helps. According to state regulations, a contractor must display his license number on advertising and in contracts, so homeowners should confirm if the company they've hired is currently licensed.

Alamina's license as a building and roofing contractor was revoked in March. He could not be reached for comment. Three phone numbers listed for Patriot Roofing were disconnected. At a fourth number, a woman who answered the phone said Alamina was no longer at the address.

But Alamina has talked about his business practices in the past when he was accused of performing shoddy work on three properties and featured on News Channel 8 investigations in 2003, 2007 and 2008.

In a story that aired on Feb. 23, 2008, Alamina admitted to botching or not completing jobs.

"I do have other complaints that would actually be more worthy of being on the air," Alamina said. "But the bottom line is, I resolve them. I address them. I take care of them. We've made mistakes. This company has done the wrong roof on a house."

Later, a reporter asked Alamina if the slew of complaints is making him reconsider the way he does business.

His answer: "No. Not at all."

News Channel 8 reporter Stacie Schaible and Tribune reporter Stephen Thompson contributed to this report. Reporter Ray Reyes can be reached at (813) 259-7920.



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