Understanding Mechanics Lien Law
Under Florida’s Mechanic’s Lien Law, contractors, subcontractors, suppliers, engineers, architects, and construction businesses may obtain a lien against a property for unpaid services, labor, or materials related to the permanent improvement of privately owned property. Improvement is considered as the construction, placement, repair or alteration above, below, upon or connected to a given property. Improvement may also include the demolition or removal of existing buildings or restoration after a catastrophic accident such as a fire or flood.
Are My Services Lienable?
The key issue for determining whether to file a construction lien is the type of work provided and how it relates to the improvement of real property. Not all services are covered under construction lien law. For example, work performed on government owned property is not lienable and liens for materials or supplies sold to a contractor in bulk without being assigned to a particular job site are also not covered. Work that is performed, but not acknowledged by a change order or amendment to the contract or services that do not contribute to the “permanent” improvement of a property, such as lawn maintenance or the installation of personal property may too not be considered lienable.
In addition to the above exceptions, when the total value of the contract between an owner and a general contractor is less than $2,500, any work or materials supplied to or by subcontractors is not lienable. Further, work performed by a sub-sub-subcontractor or supplies provided to a sub-sub-subcontractor is not covered under Florida construction lien law. As with any situation regarding construction lien law, we suggest reviewing your options for dealing with outstanding payments with a Clearwater construction lien lawyer.
Clearwater Mechanics Lien Law Attorney
As a Clearwater construction lien lawyer, Trent Cotney and his team have provided construction professionals throughout the State of Florida with effective legal representation and counsel with regards to mechanics lien law. Our extensive knowledge in the construction industry and years of experience in construction litigation can guide you through the complications and complexity of mechanics lien law.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.