Is there special language in a lien to identify that the materials we supplied are currently off-site being staged?

7 months ago

We filed liens on property in which we supplied materials for fabricated steel homes. These homes have not been delivered to the property yet, so we liened property with no structure on it. What are our options in amending the lien to identify that the permanent structure, in which we supplied materials, is being fabricated off site and the steel fabricated home has not yet been delivered.

Senior Legal Associate Levelset
445 reviews

First, it’s worth mentioning that Florida is a state, unlike many others, where specialty material fabricators will often be entitled to mechanics lien rights, even in a situation where those materials haven’t yet made their way to the project property. Though, the availability of potential lien rights will depend on some of the circumstances specific to the dispute. Lien rights will generally be available for specially fabricated materials when the delivery and/or installation doesn’t take place due to the actions of the owner of the property. And, if the failure to proceed is the fault of the claimant, then lien rights may not be on the table.

In any event – Fla. Stat. § 713.08(c) states that amounts in the claim should be specifically designated. It requires that the claimant specifically identify amounts owed for materials which are specially fabricated but not incorporated into the liened property.

Now, as for how exactly to do that – the Florida mechanics lien statute doesn’t provide a ton of insight into how that information should appear on the lien claim. But, less may be more. Including a statement that plainly but explicitly states that a specific portion of the claim (or the entire claim) results from materials fabricated but not yet delivered might be enough. And, keep in mind – (1) Florida’s lien statute specifically allows for mechanics liens to be amended, and (2) minor errors in a Florida lien generally won’t invalidate the claim as long as it hasn’t prejudiced another party on the job.

I hope this was helpful! For further discussion on Florida mechanics lien claims:

– Florida Mechanics Lien Guide and FAQs
– How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit