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What is considered “meaningful labor” and “punch list item”

FloridaLien DeadlinesMechanics LienRight to Lien

When trying to determine if labor on a project would qualify to file a lien per the Florida Lien Law. An example would be a Pool Alarm being installed in order for the project to pass inspection. Is this meaningful labor or a punch list item? What about if the Pool was continuing to be cleaned weekly at homeowners request (which we did while waiting on final inspections and final payment) though this was not listed in contract for above project and homeowner has paid for this item. Is it still considered as labor furnished to the job?

1 reply

Feb 6, 2020
If a pool alarm requires some permanent installation (like permanently attaching the equipment to the land/the pool/another structure on the property), then that may well lead to mechanics lien rights. Generally, for lien rights to arise, there must be a permanent physical improvement to the land. So, while placing something on the property might not give rise to lien rights, a more-involved installation like bolting in equipment might. However, cleaning services will very typically not give rise to any lien rights. More discussion on the types of work that generate lien rights, here: Do Repair and Maintenance Companies Have Mechanics Lien Rights? Regarding punch work and meaningful labor - that sort of thing will usually come into play when determining a project's last furnishing date. And, the general rule when determining when last furnishing occurred is to look at when the last substantial work occurred at the job site. So, smaller tasks like cleanup or minor repairs would usually not be considered the last furnishing on the project. You can read more about the considerations that go into sorting out last furnishing, here: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? I hope this was helpful! For further discussion on Florida liens, these resources should help: - Florida Mechanics Lien Guide and FAQs - How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid
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