The form and contents of a claim of lien are set forth in Fla. Stat. § 713.08. The claim of lien must expressly state:
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Service of notices permitted or required under the Construction Lien Law, or copies of notices when so permitted or required, unless otherwise specifically provided, must be made:
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Florida construction lien law specifically addresses the situation where one performs services or furnishes materials for the purpose of making a site suitable for construction of an improvement. This typically occurs in the context of subdivisions. Under Fla. Stat. § 713.04, any lienor who, regardless of privity, performs services or furnishes material to…
Pursuant to the Construction Lien Law statute, a laborer is any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under a properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of…
A “contractor” is a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it. A “contractor” can also be one who takes over from a prior contractor as so defined in order to complete the entire remaining work under such a contract. The term…
Florida law governs who can enforce a construction lien. Under the construction lien statute, a contractor, a subcontractor, a sub-subcontractor, a material man who contracts with an owner, a contractor, subcontractor, or sub-subcontractor; a laborer, or a “professional lienor” are entitled to enforce a construction lien under the statute. Fla. Stat. § 713.01(18).
A valid…
Florida Construction Liens: Insurance Proceeds and Construction Liens
When an improvement covered by property damage insurance is damaged or destroyed and the owner, contractor, or subcontractor is paid for the destroyed improvement, the person or entity receiving the insurance proceeds holds those funds in trust for the lienors holding liens related to the destroyed or…
Under Florida law, no lien of any kind can be recorded against a condominium property as a whole without the unanimous consent of the unit owners. Of course, in order to earn this protection, the condominium property must have recorded a valid declaration of condominium. Once a declaration is recorded, construction liens may arise or…
When entering into a lease, especially for commercial property, the parties often contemplate that the tenant will make improvements to the leased premises. The question arises: is the property subject to a construction lien where the contract for improvements is with the tenant? The Florida Supreme Court answered this question with the following test:
If…
As a threshold matter, it is often important to determine whether Florida law permits a construction lien to be placed on a particular property. In order for Florida lien law to be applicable to a property, there must be a contract between a person performing services and/or providing materials and a nongovernmental owner of property…
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