Legal Question in Construction Law in Florida

I have recently been made aware of an intent to lien a property I am working on as a GC in the state of Florida. The lienor supplied me with a proposal but I awarded the project to someone else. He ordered materials thinking he would be awarded the job. We have no signed proposal or contract, no deposits were paid to him from me, no materials were delivered to the job site and his insurance certificate is not on file which means he couldn't work in the building, it is not on file because I awarded the contract to another company. Is this considered a false or fraudulent lien and what are my rights? It seems unfair that anyone giving quotes and not getting jobs can lien just because the ordered materials prematurely.

Thank you,

James


Asked on 9/18/10, 12:56 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

James, in the senario you provided it would be considered a fraudulent lien in accordance with FL. Statute Chpt. 713. The lienor must have furnished the labor and/or material to the site or they must have made note they have special order material and advised that it is stored offsite within the lien. They also need to have been hired for a job or in some way believe you gave them the authority to purchase the material. Depending on the value of the material they would need to have a written contract.

If you want to assist the owner, the lien can be contested in which the lienor has 60 days to file suit or remove the lien. In such a case the lienor would have to pay attorney's fees if they lose at trial, arbitration, or on appeal. In most cases they remove the lien if an attorney sends the lienor a letter outlining the issues with the lien.

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Answered on 9/24/10, 7:55 pm


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