Florida Construction Liens: Defining 'Contractor' In Florida’s Construction Lien Law

A "contractor" is a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it. A "contractor" can also be one who takes over from a prior contractor as so defined in order to complete the entire remaining work under such a contract. The term "contractor" includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract. Fla. Stat. § 713.01(8).

For example, a pool company was a "contractor" for purposes of Fla. Stat. § 713.01(8) where it contracted separately with the homeowners to construct a pool, spa, and deck. See Cox v. Reed's Swimming Pools and Service, Inc., 756 So. 2d 141 (Fla. 2d DCA 2000). In Cox, the homeowners attempted to argue that the pool company was not a "contractor" but rather a "subcontractor" who contracted with their general contractor...