In Florida, lien laws protect people and companies that improve real estate by ensuring they get paid for their work. However, if someone does work requiring a license and they don’t have one, they lose the right to file a lien. Let’s explore the types of work unlicensed individuals can perform while keeping their lien rights.
What Are Lien Rights and Licensing Rules?
Florida’s lien laws (§713.02) state that anyone performing work requiring a license must have the proper credentials to maintain lien rights. Without the right license, contractors cannot file a lien, even if they complete the job or supply materials. Courts enforce this rule to protect property owners from unlicensed workers.
Types of Work That Don’t Require a License
Some tasks don’t require a license, allowing unlicensed individuals to maintain lien rights. Here are examples:
- Small Repairs and Maintenance
- Painting, pressure washing, or minor repairs that don’t alter the building structure or systems.
- Clean-Up and Hauling
- Removing debris, cleaning up after construction, or land clearing.
- Lawn and Garden Work
- Mowing grass, planting trees, or laying sod. More complex tasks like sprinkler installation might need a license.
- Supplying Materials
- Delivering materials such as lumber or shingles without installing them.
- Office and Design Work
- Managing projects or creating drafts without performing physical construction.
Special Situations for Lien Rights
Even when unlicensed contractors are involved, lien rights may still apply in specific cases:
- General Contractors (GCs) Hiring Unlicensed Workers
- If a GC unknowingly hires an unlicensed worker, the GC retains lien rights for the completed work.
- Licensed Subcontractors Hired by Unlicensed Contractors
- Licensed subcontractors who file a Notice to Owner (NTO) can still have lien rights, even if an unlicensed contractor hires them.
When Do You Lose Lien Rights?
Performing work that requires a license without proper credentials leads to losing lien rights. Jobs like electrical, plumbing, roofing, or structural work require a license. Property owners can legally refuse payment to unlicensed contractors, leaving them without any recourse to claim money.
Tips for Contractors and Property Owners
- For Contractors:
- Verify if your work requires a license.
- Consult experts or review Florida’s licensing rules if unsure.
- For Property Owners:
- Confirm the contractor’s license before work begins.
- Use written contracts and request proof of licensure.
Final Thoughts
Understanding Florida’s lien laws is crucial for both contractors and property owners. While unlicensed individuals can file liens for specific jobs, such as clean-up or material supply, licensed work requires proper credentials. Staying informed helps avoid disputes and ensures compliance.
For assistance with Florida’s lien laws or construction notices, contact Sunshine Notices. Although we are not attorneys, we can refer you to legal professionals for guidance. This article is for informational purposes only and does not constitute legal advice.
If you do require legal advice, we highly recommend a construction and property law attorney like Michael Friedman of Friedman Legal