“Built it- and they will pay -well, maybe – Florida’s Mechanic’s Lien Law”
The Fourth District Court of Appeals has recently held that when a Lienor has privity with a corporate owner of the property in which the Lienor has performed work and then the ownership of the property was transferred to a related corporation, that it is does not trigger a an obligation to serve a Notice to Owner to the related corporation.
A Lienor who is in privity with the owner is not required to serve a Notice to Owner, as required by Section 713.06, Florida Statute.
Florida’s Mechanic’s Lien Laws (commonly referred to as ”Florida Lien Laws” or “Construction Lien Laws”) are complex and the requirements are strictly construed by the courts. Contractors often rely heavily on the Florida Lien Laws; therefore, it is of the utmost importance for Contractors to follow the Florida Lien Laws meticulously in order to preserve their rights. Whether or not a Contractor receives payment for services provided can often depend on whether the Contractor has perfected its Florida Lien Law rights.
If you are a Contractor, or Sub-Contractor, and you have questions regarding the application of Florida’s Lien Laws to your business, contact us at (727) 842-9105.
Author: Damien D’Ascenzio
*This article should not be construed as legal advice; no article or posting can replace the value of speaking with an attorney. The purpose of this article is to provide the general public with general information and should not be applied to any individual matter. If you are facing issues related to this matter, call the attorneys at Booth & Cook.