Legal Question in Business Law in Florida
Lien on property by person not in privy with owner?
Per FL Statute 713.75, can I file a lien on owner's property for non-payment of custom-made tile contracted by the tile dealer, who was paid by owner, but who closed business before paying out-of-state manufacturer(me), and if so, how?
2 Answers from Attorneys
Re: Lien on property by person not in privy with owner?
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I need more facts. Florida's Construction Lien statute is very specific in its prerequisites and what is required before a lien is filed. If done incorrectly, the lienor may be liable for attorney fees and costs. (see, Fla. Stat. 713.29, and 713.31). Furthermore, although materialmen are entitled to construction liens, I am not sure if you as the manufacturer would. If you would like to discuss the issues further, you may contact my office at (305) 769-3000.
Sincerely,
Randall Gilbert
Re: Lien on property by person not in privy with owner?
Sextion 713.75 would not apply since the tile is no longer personal property having been afixed to the house. Sec. 713.06 might apply. Good luck.
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