Obtaining Florida Mechanic's Lien; Obtaining Florida Construction Lien; Notice of Commencement; Fla. Stat. 713.13

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 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

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

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

Florida Statutes Chapter 713 governs construction liens, more commonly referred to as mechanic’s liens. Florida law governing mechanic’s liens is both comprehensive and complex. Even so, the statute provides important protections to contractors, subcontractors, suppliers and homeowners. For suppliers, contractors and subcontractors, the mechanic’s lien statute provides a method to assure full payment. Stunkel v.