Do Material Suppliers Have Lien Rights in Florida?
If you supply materials for construction projects, you may have lien rights under Florida Statute 713.06. Understanding material supplier lien rights in Florida is essential to securing payment for the materials you provide. This statute outlines the rights of suppliers and the steps they must follow to file a lien.
What Are Material Supplier Lien Rights in Florida?
According to Florida Statute 713.06, material suppliers who furnish materials for a construction project may have the right to place a lien on the property if they meet the statute’s requirements.
“A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that is owed to him or her for labor, services, or materials furnished in accordance with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor’s contract.”
If you provide materials to contractors and have not received payment, you may be eligible to file a lien under this law. However, you must meet certain requirements to enforce material supplier lien rights in Florida.
What Does It Mean to “Furnish Materials”?
The law defines “furnish materials” as supplying materials that are incorporated into a construction project. This can include:
- Materials that remain in the completed project
- Specially fabricated materials made for the project
- Rental equipment used for the project
If you provide materials that meet this definition, you may have lien rights when a contractor fails to pay.
The Importance of Filing a Notice to Owner
Before filing a lien, Florida law requires suppliers to send a Notice to Owner (NTO). This notice must be served within 45 days of first providing materials. The purpose of the NTO is to inform the property owner that you are supplying materials and may file a lien if payment is not received.
As outlined in Florida Statute 713.06, failure to send the NTO on time is a complete defense against enforcing a lien.
“All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner… The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials…”
How We Can Help
At Sunshine Notices, we specialize in filing Notices to Owner and Claims of Lien in accordance with Florida law. If you qualify as a material supplier under the statute, we can handle the filing process for you, ensuring that your notice is sent correctly and on time.
If this is your first time filing a Notice to Owner, we’d be happy to walk you through the process to make sure you meet all deadlines. Sign up today here
Or check out our other articles here
For a copy of the Florida Statutes you can follow this link https://www.flsenate.gov/Laws/Statutes/2023/Chapter713/All