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?


Asked on 9/22/02, 12:16 pm

2 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Lien on property by person not in privy with owner?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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

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Answered on 9/22/02, 2:03 pm
David Slater David P. Slater, Esq.

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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Answered on 9/22/02, 3:05 pm


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