If my company transported items to a job site, but did not actually work on the job site, can we file a mechanics lien?
1 reply
Feb 17, 2020
Florida lien rights are generally fairly expansive, extending to prime contractors, subcontractors, sub-subs, laborers, material supplier to owner/contractor/sub/or sub-sub, and professionals (architect, landscape architect, interior designer, engineer, surveyor or mapper).
Specifically, there are some parties entitled to mechanics lien protection in Florida who do not perform labor on the project site itself. Florida Code § 713.01(20) defines a "Materialman" as "any 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 . . . and who performs no labor in the installation thereof." [emphasis added]
Note, however, that no matter the identity of the lien claimant, Florida has specific rules and requirements that must be met in order to qualify for mechanics lien protection. There are preliminary notice requirements (for all parties other than those who contracted directly with the property owner), and requirements related to the mechanics lien process itself. Filing a mechanics lien can be accomplished in many ways, including by the claimant him/herself through the use of software to file electronically.