Retired Florida couple fear losing their home after a window contractor vanished and left them with a $39K lien

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Daniel Liberto

6 min read

A Clearwater, Fla. couple is at risk of losing their home because a window company they hired allegedly failed to pay a supplier.

Andrea Atherton and Mike Gonoub had just bought a place they envisioned as their “retirement Shangri-La,” and, like many Florida homeowners, hired a contractor to install hurricane-resistant windows and doors, according to a report from local ABC affiliate Tampa Bay 28 (1).

Months later, the job remains unfinished, the company has gone silent and a nearly $39,000 lien has been placed on their home.

“It makes me feel like I did something wrong, like I broke some sort of law,” Gonoub told Tampa Bay 28, who first reported on the story. “I’m a consumer who needed new windows, that’s all.”

This couple’s story highlights a little-known risk in home renovations: Even if the contractor gets paid, you could still be on the hook if others in the chain haven’t been — and they could come after your home.

Last year, Atherton and Gonoub hired Mister Window to install new sliding glass doors and windows, using a 12-month, no-payment financing plan offered through a financing company the contractor worked with.

Initially, the project seemed to move forward. The couple said the doors failed inspection due to minor issues, but those were corrected. However, one critical step was never completed: sealing the doors with caps and covers to ensure they are fully weatherproof.

The company scheduled a return visit in January to finish the work. But they never showed up and became impossible to contact.

“I called every number I had for Mister Window and every number was dead,” Atherton said.

After failing to reach Mister Window, the couple attempted to hire another company to complete the project. However, they claim that no contractor was willing to take on a job that had already been inspected and partially completed by another firm.

Then came the lien.

The project was financed, meaning a third-party lender paid the contractor, but it seems Mister Window didn’t pay all of its suppliers. A supplier who worked on the project claims they were never paid. They filed a lien against the couple’s home for $38,926.68.

Mister Window continues to be difficult to track down. An attorney representing the company told a Tampa Bay 28 reporter that Mister Window plans to file for bankruptcy, but there is not yet a record that they have actually done so. The company otherwise refused to comment.

“They can just walk away, declare bankruptcy and move on,” Atherton said. “What about us (1)?”

Read More: 5 essential money moves to make once you’ve saved $50,000

Atherton and Gonoub’s situation isn’t unique and illustrates the risky side of home renovation projects.

Even relatively simple jobs like replacing windows and doors can involve multiple vendors. That increases the risk of something going wrong.

When the contractor is paid, either directly by the homeowner or by the lender if they are financing, it’s on them to make sure everyone else they work with on the job gets their share. But this doesn’t always happen, and the consequences can be severe.

If a supplier isn’t paid, they can file a mechanic’s lien against the property, which essentially gives them the right to force a sale, called foreclosure, as a way to secure payment if the debtor doesn’t pay up what’s owed. But foreclosure is rare. A lien is a way to legally pressure the supplier or contractor to pay up, according to an explainer from construction payments company Levelset (2).

In Florida, there is also a hail-Mary option: the Florida Homeowners’ Construction Recovery Fund. The board that issues licenses to construction professionals in the state maintains a fund that homeowners can apply to for relief if they have suffered damages caused by the financial mismanagement of a licensed contractor or construction company — and have exhausted every other option to get paid (3).

Here are some steps experts say homeowners can take to reduce the risk of falling into the same trap as Atherton and Gonoub.

1. Ask for lien waivers: Before making payments, you can consider requesting lien waivers from contractors, subcontractors and suppliers. These documents confirm they’ve been paid and waive their right to file a lien.

2. Don’t pay everything upfront: The Federal Trade Commission advises homeowners to avoid paying the full cost up front and to set a payment schedule based on work completed (4).

3. Research contractors carefully: Check licenses, insurance and complaint history before hiring. Ask for references and verify work records. Atherton and Gonoub weren’t the only customers who had a negative experience with Mister Window (5).

4. Consider joint checks or direct payments: Paying suppliers directly or using joint checks with your contractor ensures funds reach the right parties and lowers lien risk (6).

5. Understand your financing agreement: If using contractor-arranged financing, read the terms carefully so you know when payments begin and what happens if the work isn’t completed.

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Tampa Bay 28 (1, 5) Levelset (2); Florida Department of Business and Professional Regulation (3); Federal Trade Commission (4); Faegre Drinker (6)

This article provides information only and should not be construed as advice. It is provided without warranty of any kind.

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