Lienable Services Need to Constitute an Improvement to Real Property

Remember, not all services performed are lienable services.   The service needs to constitute an improvement to the real property—bestow a permanent benefit to that property.

In Parc Central Aventura East Condominium v. Victoria Group Services, LLC, 54 So.3d 532 (Fla. 2011), a company that provided residential cleaning, maintenance, and concierge services to a condominium association’s common areas recorded a construction lien for unpaid services. The appellate court held that such services were NOT lienable services.

In Parc Central, the cleaning / maintenance services were not performed during the construction of the condominium. Rather, such services were performed post-construction for the condominium association. If, however, such cleaning services were performed during construction, the entity would have argued they were cleaning construction debris whereby the removal of such debris was for the real property’s permanent benefit. How the court would have treated such services is unclear; but, the cleaning service would have a much stronger argument regarding the lienability of these services.

Please consult a lawyer when it comes to preparing your construction lien. This way your lien is being prepared under the advice of counsel where the lienability of your services are being considered.

Please contact David Adelstein at 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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