I was hired to perform or furnish labor, services, or materials for a construction project. Do I have construction lien rights? It is a pretty important question, right? I think so!
If I have lien rights then I need to ensure I properly perfect those rights. But, in order to have lien rights, I need to be a proper LIENOR under Florida’s Lien Law. To be a proper lienor, I need to be a contractor, subcontractor, sub-subcontractor, materialman, laborer or professional lienor, within the statutory definitions in the Lien Law. If I am doing work on a construction project, I need to know what definition I fit in based on who hires me, the scope I was hired to perform, and how far downstream I am from the owner. This will also help me determine what I specifically need to do to perfect lien rights. To learn more about whether you are a proper lienor, read this article.
For example, if I am a sub-sub-subcontractor, I have no lien rights. If I am a materialman to a materialman, I have no lien rights. If I am a materialman to a sub-sub-subcontractor, I have no lien rights. If I am a professional engineer and I did not have a contract with the owner, if my professional services wasn’t per the direct contract and didn’t go towards the improvement of the project, I have no lien rights. If I am a temporary labor company, I am not a laborer within the definition of the Law Law.
Please contact David Adelstein at firstname.lastname@example.org or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.