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What is my role in filing mechanic's lien in FL

FloridaMechanics LienRight to Lien

I work as a middle man between homeowners and contractors, essentially a project manager. The contract for work is between the homeowner and GC. In this particular case, the contract was for 15,750 for impact windows. I personally ordered the windows which have a cost of roughly 9,000. The homeowner was informed on 8/15 that the windows were ready and we were just waiting on contractor to secure permit. On 8/26 the customer tried to cancel the commitment because she received a contract to sell her home. I explained that the realtor made a mistake if she did not disclose the existing contract for impact windows. The homeowner is not willing to honor the contract, and I have explained the windows are custom made and cannot be returned. I need to file a lien to recoup the cost of material (windows) and are unsure of my role in filing.

1 reply

Aug 28, 2018
Partes who manage or facilitate construction are often surprised to find out that there can be questions regarding whether or not they even qualify for mechanics lien protection. The answer to whether or not this type of construction participant is allowed to file a mechanics lien changes from state to state. For example, construction managers are allowed to file liens in California, but not Washington.

Some states are strict and specifically list who can file a lien. Other states, however, just say something along the lines of “anyone who furnishes materials, labor, equipment, or services to a real property improvement.” Whenever vague terms like this are used, construction managers are in good shape. In Florida, the mechanics lien statutes dictate that parties "who perform labor or services or furnish materials constituting an improvement or part thereof shall have rights to a lien on real property." Since management and facilitation is a service for the improvement of the property, there is a good argument that such parties are allowed mechanics lien protection in Florida.

Accordingly, the question may come down to how that party is classified on the claim itself, and what requirements apply. Florida distinguishes claimants by claimants in "privity with an owner" and claimants who are not. This means that the claimant's classification and requirements depend on whether or not the claimant contracted with the property owner.

Florida also allows liens for professional services, but specifically limited those parties to: "architect, landscape architect, interior designer, engineer, or surveyor and mapper." However, in the event that one of those classifications applies, those parties "shall have a lien upon such real property for the money owing to him or her for his or her professional services, regardless of whether such real property is actually improved."
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