Florida Construction Liens: Licenses And Construction Liens

Florida law governs who can enforce a construction lien. Under the construction lien statute, a contractor, a subcontractor, a sub-subcontractor, a material man who contracts with an owner, a contractor, subcontractor, or sub-subcontractor; a laborer, or a "professional lienor" are entitled to enforce a construction lien under the statute. Fla. Stat. § 713.01(18).

A valid license is necessary in order for a contractor, subcontractor, or sub-subcontractor to enforce a construction lien. Fla. Stat. § 713.02(7). However, there is no license requirement with regard to providers of material. In Architectural Complements, Inc. v. R.G. Brown Properties, Inc., 686 So. 2d 678 (Fla. 2d DCA 1996), the Court found that issues of material fact precluded a summary judgment in favor of a developer where a cabinet maker claimed to have acted as a materialman rather than a subcontractor. The court held that if the cabinet maker was found to be a materialman rather than a subcontractor, Fla. Stat. § 713.02(7) would not bar the cabinet maker's construction lien.

In order to be properly licensed for purposes of imposing construction liens, a contractor, subcontractor, or sub-subcontractor must apply for a certificate of authority pursuant to Fla. Stat § 489.119(2). When a construction company loses its sole qualifier, it may not engage in contracting until another qualifying agent is employed unless the company has been granted a temporary certificate. Fla. Stat. §...