Under Florida Statute 713.01, only certain types of individuals have the right to claim a construction lien for work or services on a construction project. Individuals outside of those classes have no right to claim a lien.
The following classes of persons may have the right to claim a lien:
Contractors
- “Contractor” means a person (other than a materialman or laborer) who enters into a contract with the owner of property for improving it.
- The term includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract authorized by section 489.103(16).
- The term also includes licensed general contractor or building contractor who provides construction management services, which include scheduling and coordinating preconstruction and construction phases for the construction project, or who provides program management services, which include schedule control, cost control, and coordinating the provision or procurement of planning, design, and construction for the construction project.
Subcontractors
- “Subcontractor” means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor’s contract, including the removal of solid waste.
- The term includes a temporary help firm as defined in Section 443.101.
Sub-subcontractors
- “Sub-subcontractor” means a person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor’s contract, including the removal of solid waste from the real property.
- The term includes a temporary help firm as defined in s. 443.101.
Laborers
- “Laborer” means any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.
Materialmen (contracted with the owner, a contractor, a subcontractor, or a sub-sub)
- “Materialman” means 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 or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof.
Professional Lienors (under section 713.03)
- Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract.
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READY LEGAL 