Florida Mechanic's Lien law; enforcing Florida construction lien; mechanic's lien architects and engineer; Fla. Stat. 713.03;

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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…

Previously in this series, I discussed the property that could be the subject of a construction lien. In this part, we take a look at the definition of improvement and the “permanent benefit” requirement.

The Florida Construction Lien Law defines an “improvement” as “any building, structure, construction, demolition, excavation, landscaping, or any part thereof…

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…

Under Florida’s Construction Lien Law, a “materialman” is a person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement. A materialman may deliver specially fabricated materials off the site of the improvement. By definition, a materialman…

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…

I.  Introduction

A claim of lien is an encumbrance against real property created by state law for the purpose of securing payment for labor, materials, or services expended to improve the real property. While there are many types of liens, the most important class of liens to contractors and subcontractors working in Florida were traditionally…