What Items can generally be included in a Florida construction lien?
- Labor, services, materials, and professional services for improvement of real property can be included in a lien as long as they are within the scope of the prime agreement.
Can a landscaper file a Florida construction lien for maintenance services?
- Maintenance landscaping services (e.g. lawn mowing) are not included in a lien. These services do not permanently improve the property.
Can a Florida construction lien include overhead and profit?
- Overhead and profit, when separate items, and not within the reasonable value of what was furnished, are not included in a lien.
Can a contractor file a Florida construction lien for work an owner did not order?
- Work outside of the scope of the agreement with the owner are not included in a lien.
Can a supplier file a Florida construction lien?
- Materials incorporated into the property, including waste, can be included in a lien. Generally, materials must be delivered to the property to be included in the lien.
Can a waste contractor file a Florida construction lien?
- Solid-waste collection or disposal at the property is included in the definition of “Improve,” so as to be included in the lien.
Can a company file a Florida construction lien for rental equipment?
- The value of rental equipment is included in a lien provided the charges are reasonable and the equipment is actually used.
Can a company file a Florida construction lien for materials never delivered?
- Specially fabricated materials can be included in a lien, even though they are not delivered to the site as long as they have already been manufactured, and so long as the owner is responsible for the materials not being used.
Can an architect or engineer file a Florida construction lien for services?
- Professionals (ex: architects) can lien for all services rendered in improvement of the property.
What items cannot be included in a Florida construction lien?
- Lost profit, home office overhead, carrying charges, restocking charges, and attorney fees are not included in the unpaid amount stated in the claim of lien.
Can a Florida construction lien include interest or late payment penalties?
- Unpaid finance charges can be included in a lien. “Finance charge” means a contractually specified additional amount to be paid by the obligor on any balance that remains unpaid by the due date set forth in the credit agreement or other contract.
Can a lien include breach damages, like lost profits, or consequential damages?
- Not all damages available under a breach of contract theory (ex: expectation damages) are includable in a claim of lien.
Can a general contractor file a Florida construction lien for subcontractors’ work?
- Sums owed for labor, services and materials of subcontractors for which a contractor is liable can be included in a lien by the prime contractor. However, if the owner has already paid these amounts to the subcontractors, the contractor’s lien should be proportionally reduced.
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About the Author: Ready Legal is a business law firm located in Orlando, Florida. Ready Legal primarily assists clients with civil litigation matters, such as construction lien and bond claims, business litigation, and real estate litigation. Ready Legal also helps Orange County businesses with evictions, contract negotiations, and a variety of commercial matters. If you are in need of a construction or business attorney in Orlando, Florida, contact Ready Legal at (407) 258-2002.
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