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
Florida Mechanic's Lien law; enforcing Florida construction lien; mechanic's lien architects and engineer; Fla. Stat. 713.03;
Florida Construction Liens: Improvements that Create an Enforceable Construction Lien
By W Mason on
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…
Florida Construction Liens: Liens for Architects, Engineers, Design Professionals, and Surveyors
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Pursuant to the Florida Statute, Section 713.03, a person performing professional services has a lien on the improved real property for money that is owed to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work…
Florida Construction Liens: The “Laborer” Under Florida’s Construction Lien Law
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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…
Florida Construction Liens: Qualifying as a “Materialman” under Florida’s Construction Lien Law
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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 Construction Liens: Defining “Contractor” in Florida’s Construction Lien Law
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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 Construction Liens: Licenses and Construction Liens
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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
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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…
Florida Construction Liens: Property Subject To a Construction Lien
By W Mason on
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…
Florida Construction Liens: An Introduction to Florida’s Construction Lien Statute
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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…