What property can be liened

What property can be liened

Q.

What property can be liened?

A.

In Florida construction matters, a lien can be placed on the real property that is being improved. Now, the word “improved” has its own definition according to Florida Statutes 713. Essentially, when a piece of property is being worked on or materials are being provided to that particular job site, that property can be liened by a contractor, subcontractor, materialman, or even a laborer, for the work that has been performed or provided.

Even clean up, at times, can be considered an improvement, so look to the statutory definition of improvement.

In short, it’s the real property that’s being improved that can be liened upon.

[Legal point: An exception may apply if the services at issue are of an architect, landscape architect, interior designer, engineer, or surveyor or mapper. What if you are an architect who had a direct contract with an owner, designed plans for a property, but the real property was never actually improved? See Florida Statute 713.03]