Am I a Lienor?

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 dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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