Who is Entitled to Construction Liens (or Payment Bond Rights) Under Florida Law

Who is entitled to construction liens? Under Florida Statute s. 713.01(18) a construction “lienor” or claimant is defined as:

(18) “Lienor” means a person who is:

(a) A contractor;

(b) A subcontractor;

(c) A sub-subcontractor;

(d) A laborer;

(e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or

(f) A professional lienor (architect, engineer, interior designer, surveyor and mapper) under s. 713.03;

and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest. No other person may have a lien under this part.

Check out this graph that clarifies those claimants entitled to construction liens.

 

 

Importantly, these are the same claimants entitled to payment bond rights on Florida private and public construction projects including Florida Department of Transportation projects. (See Fla. Stat. s. 713.23 regarding payment bonds for private projects; s. 255.05 regarding payment bonds for public projects; and s. 337.18 regarding payment bonds for Florida Department of Transportation projects).

 

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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