STEPHEN B. GEBELOFF, P.A.
A DEBT COLLECTION LAW FIRM
Our Our Florida Collection Attorneys understand that our Why Use a Under Florida Lien Law if proper notices are not served on the owner or a Lien is not filed and served in a timely manner the contractor or construction material supplier will lose their Our When a Our Florida Construction Law Firm and our construction attorneys are available at any time during the construction project from initial design, permitting , land planning, commencement of construction, providing construction material and or completion of the Florida construction project to discuss Florida lien law , collection strategies or general Florida Construction law issues . We look forward to being able to serve all our Florida Construction Industry clients needs and meet their individual goals.
Call us to discuss your Florida Construction Law and Collection matters with Stephen Gebeloff, Esq. a South Florida Collection and Construction Attorney. Mr. Gebeloff will tailor a Construction Collection Strategy that is just right for you. If you have construction collection matters in other jurisdictions, Mr. Gebeloff will be able to assist you in helping you choose the proper construction collection professional for your collection accounts outside of
Mr. Gebeloff is an experienced litigator whose primary
areas of practice are commercial law, creditors’ rights and
construction law. He has represented clients from the banking,
insurance, advertising, manufacturing, transportation, leasing,
telecommunications and service industries. He has extensive experience
prosecuting officers, directors and members of entities for fraudulent
transfers of assets. He has represented developers, property owners,
contractors, subcontractors, material suppliers and design
professionals in all facets of construction law.
Weiner, Aronson & Mankoff, PA provides collection attorney services for these Florida Cities:
Alachua Altamonte Springs Apalachicola Apopka Arcadia Atlantic Beach Auburndale Avon Park
Bartow Belle Glade Belleview Beverly Hills Big Pine Key Blountstown Boca Raton Bonifay Bonita Springs Boynton Beach Bradenton Brandon Brooksville Bunnell Bushnell
Callahan Cantonment Cape Canaveral Cape Coral Casselberry Chiefland Chipley Clearwater Clermont Clewiston Cocoa Cocoa Beach Crawfordville Crestview Crystal River
Dade City Dania Daytona Beach Debary Deerfield Beach Defuniak Springs Deland Delray Beach Deltona Destin Dunedin Dunnellon
Eastpoint Edgewater Eglin AFB Englewood Estero Eustis
Fernandina Beach Flagler Beach Fort Lauderdale Fort Myers Fort Myers Beach Fort Pierce Fort Walton Beach
Gainesville Green Cove Springs Groveland Gulf Breeze
Haines City Hallandale Havana Hernando Hialeah High Springs Hobe Sound Holiday Hollywood Homestead Homosassa Hudson
Immokalee Indialantic Indiantown Inverness Islamorada
Jacksonville Jacksonville Beach Jensen Beach Jupiter
Key Biscayne Key Largo Key West Keystone Heights Kissimmee
Labelle Lady Lake Lake City Lake Mary Lake Placid Lake Wales Lake Worth Lakeland Land O Lakes Largo Lecanto Leesburg Lehigh Acres Live Oak Longboat Key Longwood Loxahatchee Lutz Lynn Haven
MacClenny Madison Maitland Marathon Marco Island Marianna Mary Esther Melbourne Merritt Island Miami Miami Beach Middleburg Milton Monticello Mount Dora Mulberry
Naples Navarre New Port Richey New Smyrna Beach Newberry Niceville North Fort Myers North Miami Beach North Palm Beach North Port
Ocala Ocoee Okeechobee Oldsmar Opa Locka Orange City Orange Park Orlando Ormond Beach Oviedo
Palatka Palm Bay Palm Beach Palm City Palm Coast Palm Harbor Palmetto Panama City Panama City Beach Pensacola Perry Pinellas Park Plant City Pompano Beach Ponte Vedra Beach Port Charlotte Port Richey Port Saint Joe Port Saint Lucie Punta Gorda
Quincy
Riverview Rockledge Ruskin
Safety Harbor Saint Augustine Saint Cloud Saint Petersburg Sanford Sanibel Santa Rosa Beach Sarasota Satellite Beach Sebastian Sebring Seminole Shalimar Spring Hill Starke Stuart Summerfield Summerland Key
Tallahassee Tampa Tarpon Springs Tavares Tavernier Titusville Trenton
Umatilla
Valparaiso Valrico Venice Vero Beach
Wauchula West Palm Beach Weston Wildwood Williston Windermere Winter Garden Winter Haven Winter Park Winter Springs
Yulee
Zephyrhills
CHAPTER 713 is the
Florida Construction Lien Law Statute. Contact our Florida Construction Law Firm
to help you protect your Florida Lien Law Rights
Below is the
Definition Section of the Florida Lien Law Statute:
LIENS,
GENERALLY
713.001 Short
title of part.—This part may
be cited as the “Construction Lien Law.”
713.01
Definitions.—As used in
this part, the term:
(1) “Abandoned property”
means all tangible personal property that has been disposed of on public
property in a wrecked, inoperative, or partially dismantled condition.
(2) “Architect” means a
person or firm that is authorized to practice architecture pursuant to chapter
481 or a general contractor who provides architectural services under a
design-build contract authorized by s. 481.229(3).
(3) “Claim of lien” means
the claim recorded as provided in s. 713.08.
(4) “Clerk's office” means
the office of the clerk of the circuit court of the county in which the real
property is located.
(5) “Commencement of the
improvement” means the time of filing for record of the notice of commencement
provided in s. 713.13.
(6) “Contract” means an
agreement for improving real property, written or unwritten, express or
implied, and includes extras or change orders.
(7) “Contract price” means
the amount agreed upon by the contracting parties for performing all labor and
services and furnishing all materials covered by their contract and must be
increased or diminished by the price of extras or change orders, or by any
amounts attributable to changes in the scope of the work or defects in
workmanship or materials or any other breaches of the contract; but no penalty
or liquidated damages between the owner and a contractor diminishes the
contract price as to any other lienor. If no price is agreed upon by the
contracting parties, this term means the value of all labor, services, or
materials covered by their contract, with any increases and diminutions, as
provided in this subsection. Allowance items are a part of the contract when
accepted by the owner.
(8) “Contractor” means a
person other than a materialman or laborer who enters into a contract with the
owner of real property for improving it, or who takes over from a contractor as
so defined the entire remaining work under such contract. The term “contractor”
includes an architect, landscape architect, or engineer who improves real
property pursuant to a design-build contract authorized by s. 489.103(16).
(9) “Direct contract” means
a contract between the owner and any other person.
(10) “Engineer” means a
person or firm that is authorized to practice engineering pursuant to chapter
471 or a general contractor who provides engineering services under a
design-build contract authorized by s. 471.003(2)(i).
(11) “Extras or change
orders” means labor, services, or materials for improving real property
authorized by the owner and added to or deleted from labor, services, or
materials covered by a previous contract between the same parties.
(12) “Final furnishing”
means the last date that the lienor furnishes labor, services, or materials.
Such date may not be measured by other standards, such as the issuance of a
certificate of occupancy or the issuance of a certificate of final completion,
and does not include correction of deficiencies in the lienor's previously
performed work or materials supplied. With respect to rental equipment, the
term means the date that the rental equipment was last on the job site and
available for use.
(13) “Furnish materials”
means supply materials which are incorporated in the improvement including
normal wastage in construction operations; or specially fabricated materials
for incorporation in the improvement, not including any design work,
submittals, or the like preliminary to actual fabrication of the materials; or
supply materials used for the construction and not remaining in the
improvement, subject to diminution by the salvage value of such materials; and
includes supplying rental equipment, but does not include supplying handtools.
The delivery of materials to the site of the improvement is prima facie
evidence of incorporation of such materials in the improvement. The delivery of
rental equipment to the site of the improvement is prima facie evidence of the
period of the actual use of the rental equipment from the delivery through the
time the equipment is last available for use at the site, or 2 business days
after the lessor of the rental equipment receives a written notice from the
owner or the lessee of the rental equipment to pick up the equipment, whichever
occurs first.
(14) “Improve” means build,
erect, place, make, alter, remove, repair, or demolish any improvement over,
upon, connected with, or beneath the surface of real property, or excavate any
land, or furnish materials for any of these purposes, or perform any labor or
services upon the improvements, including the furnishing of carpet or rugs or
appliances that are permanently affixed to the real property and final
construction cleanup to prepare a structure for occupancy; or perform any labor
or services or furnish any materials in grading, seeding, sodding, or planting
for landscaping purposes, including the furnishing of trees, shrubs, bushes, or
plants that are planted on the real property, or in equipping any improvement
with fixtures or permanent apparatus or provide any solid-waste collection or
disposal on the site of the improvement.
(15) “Improvement” means any
building, structure, construction, demolition, excavation, solid-waste removal,
landscaping, or any part thereof existing, built, erected, placed, made, or
done on land or other real property for its permanent benefit.
(16) “Laborer” means any
person other than an architect, landscape architect, engineer, surveyor and
mapper, and the like who, under properly authorized contract, personally
performs on the site of the improvement labor or services for improving real
property and does not furnish materials or labor service of others.
(17) “Lender” means any
person who loans money to an owner for construction of an improvement to real
property, who secures that loan by recording a mortgage on the real property,
and who periodically disburses portions of the proceeds of that loan for the
payment of the improvement.
(18) “Lienor” means a person
who is:
(a) A contractor;
(b) A subcontractor;
(c) A sub-subcontractor;
(d) A laborer;
(e) A materialman who
contracts with the owner, a contractor, a subcontractor, or a
sub-subcontractor; or
(f) A professional lienor
under s. 713.03;
and who has a lien or
prospective lien upon real property under this part, and includes his or her
successor in interest. No other person may have a lien under this part.
(19) “Lienor giving notice”
means any lienor, except a contractor, who has duly and timely served a notice
to the owner and, if required, to the contractor and subcontractor, as provided
in s. 713.06(2).
(20) “Materialman” means any
person who furnishes materials under contract to the owner, contractor,
subcontractor, or sub-subcontractor on the site of the improvement or for direct
delivery to the site of the improvement or, for specially fabricated materials,
off the site of the improvement for the particular improvement, and who
performs no labor in the installation thereof.
(21) “Notice by lienor”
means the notice to owner served as provided in s. 713.06(2).
(22) “Notice of
commencement” means the notice recorded as provided in s. 713.13.
(23) “Owner” means a person
who is the owner of any legal or equitable interest in real property, which
interest can be sold by legal process, and who enters into a contract for the
improvement of the real property. The term includes a condominium association
pursuant to chapter 718 as to improvements made to association property or
common elements. The term does not include any political subdivision, agency,
or department of the state, a municipality, or other governmental entity.
(24) “Perform” or “furnish”
when used in connection with the words “labor” or “services” or “materials”
means performance or furnishing by the lienor or by another for him or her.
(25) “Post” or “posting” means
placing the document referred to on the site of the improvement in a
conspicuous place at the front of the site and in a manner that protects the
document from the weather.
(26) “Real property” means
the land that is improved and the improvements thereon, including fixtures,
except any such property owned by the state or any county, municipality, school
board, or governmental agency, commission, or political subdivision.
(27) “Site of the
improvement” means the real property which is being improved and on which labor
or services are performed or materials furnished in furtherance of the
operations of improving such real property. In cases of removal, without
demolition and under contract, of an improvement from one lot, parcel, or tract
of land to another, this term means the real property to which the improvement
is removed.
(28) “Subcontractor” means a
person other than a materialman or laborer who enters into a contract with a
contractor for the performance of any part of such contractor's contract,
including the removal of solid waste from the real property. The term includes
a temporary help firm as defined in s. 443.101.
(29) “Sub-subcontractor”
means a person other than a materialman or laborer who enters into a contract
with a subcontractor for the performance of any part of such subcontractor's
contract, including the removal of solid waste from the real property. The term
includes a temporary help firm as defined in s. 443.101.