[CLC-Discussion] Lien Law Question

Wed Oct 9 06:12:51 PDT 2019

I don’t think it’s a question of ease of removal per se, but of whether some disassembly is part of the removal. Unplugging from an electrical socket requires no disassembly. Unhooking an icemaker line does, as would pulling out a nail or removing knobs from kitchen cabinets. So, for example, a microwave that is in a cabinet with trim around it that has to be removed to take the microwave out is likely lienable. One that is just sitting on the counter and plugged in wouldn’t be. The ubiquitous Keurig machines are another example – some you just plug in and fill with water yourself. Some are not only plugged in, but connected to a water supply.

Another facet is the likelihood of damage to the property upon removal. Unplugging the microwave (or Keurig) and lifting it off of the counter is unlikely to cause damage to the property. Pulling an icemaker or “plumbed” Keurig out without also shutting off the water supply (which a total lay person novice may not know to do) could cause damage. Removing trim or even removing a nail from a wall can cause damage if not done properly with a modicum of knowledge and skill.

Bruce Partington | Shareholder
bpartington at clarkpartington.com | (850) 432-1399<callto:(850)%20432-1399>

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.com<http://clarkpartington.com/>

[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]<https://www.facebook.com/ClarkPartington/> [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] <https://www.linkedin.com/company/2250553/admin/>  [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] <https://twitter.com/ClarkPartington>  [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] <https://www.instagram.com/clarkpartington/>

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Timothy R. Moorhead
Sent: Tuesday, October 8, 2019 9:53 PM
To: Gibbons, Michael <Michael.Gibbons at lowndes-law.com>; 'leslie.tomczak at akerman.com' <leslie.tomczak at akerman.com>; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Law Question

Late Night CLC discussion enthusiasts,

I would tend to include in my argument that these appliances are a required pursuant to the terms of the direct contract.  Those are the charges for which the Owner should understand that he has potential liability pursuant to the construction lien laws.  Which ie easier, to unhook an icemaker line or to pull out a nail, or to peel pain from a wall or disconnect the electrical socket?  Are the knobs on the kitchen cabinet protected?  After all, its just one screw and a door can be removed through simply removing the hinge pins.

My argument would be, what makes up the whole of what the Owner contracted for?

[Wright, Fulford, Moorhead & Brown, P.A.]<http://www.wfmblaw.com/>

Timothy R. Moorhead, Esq.

Board Certified in Construction Law

505 Maitland Ave. Suite 1000 | Altamonte Springs, FL 32701

T: (407) 425-0234<tel:(407)425-0234> | F: (407) 425-0260<tel:(407)425-0260>

 Email<mailto:tmoorhead at wfmblaw.com> |  Website<http://www.wfmblaw.com> | vCard<http://www.wfmblaw.com/vcard/vcard.php?name_first=Timothy%20R.&name_last=Moorhead>

[X]<http://www.lawyers.com/altamonte-springs/florida/timothy-russell-moorhead-823614-a/?utm_source=ratingverification&utm_medium=referral>

This message and its attachments are confidential. If you are not the addressee, any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this email in error, please destroy it and notify me immediately. No portion of this message is intended to provide any tax-related advice.

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Gibbons, Michael
Sent: Tuesday, October 8, 2019 7:09 PM
To: 'leslie.tomczak at akerman.com' <leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Lien Law Question

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Looking at the definition of “improve” found at 713.01(14) indicates that furnishing appliances that are “permanently affixed to the real property” constitutes an improvement that would support the recording of a lien.  On the other hand, furnishing appliances that are not “permanently affixed” impliedly would not support a lien.  Without researching potentially applicable caselaw, the plain statutory language suggests that furnishing and installing a hot water heater, for example, that is permanently connected to the plumbing system or a refrigerator with a connected water line would constitute a lienable improvement but furnishing a toaster or microwave that sits on a countertop and is simply plugged into a wall outlet would not be a lienable improvement.  If however, the microwave is permanently fixed in cabinetry then that likely would be a lienable improvement.  Appears to be a very fact intensive question that can  turn on the specifics of the installation more so  than the nature of the appliance itself in some instances.

Michael R. Gibbons
Shareholder
215 N. Eola Drive
Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Email<mailto:michael.gibbons at lowndes-law.com> | Website<https://www.lowndes-law.com/> | Bio<https://www.lowndes-law.com/professionals/michael-r-gibbons> | LinkedIn | vCard<https://www.lowndes-law.com/professionals/michael-r-gibbons-vcard>
[Lowndes-logo-Web]
LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>
Sent: Tuesday, October 08, 2019 5:10 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Lien Law Question

CAUTION: THIS IS AN EXTERNAL EMAIL

Good afternoon.  I have a “lien law” question.

Does a major manufacturer (like GE or Whirlpool - for example only), who typically only sells appliances, but in this case contracts with a general contractor, to sell, deliver and install appliances for a construction project in Florida have lien rights if it is not paid?

The installation may just consist of plugging in the appliance, or it may consist of hooking up the appliance to an existing water supply or electrical source.  For this exercise, presume that, to the extent they are required to be licensed in Florida to perform that work, they are so licensed (as my understanding of Florida licensure law, if an appliance like a dishwasher or refrigerator has to be hooked up to a water line, proper licensure is required.

Is this “lienable” work under Florida law?

Leslie Miller Tomczak
Office Managing Partner
Board Certified by the Florida Bar in Construction Law
LEED AP
Akerman LLP | 350 East Las Olas Boulevard, Suite 1600 | Ft. Lauderdale, FL 33301
D: 954 759 8926 | T: 954 463 2700 | F: 954 463 2224
leslie.tomczak at akerman.com<mailto:leslie.tomczak at akerman.com>

vCard<https://www.akerman.com/vcards/193.vcf> | Profile<https://www.akerman.com/en/people/leslie-miller-tomczak.html>

[Akerman Logo]<http://www.akerman.com/>

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

[v4.30]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 6647 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg
Type: image/jpeg
Size: 27207 bytes
Desc: logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/logo4_09e57621-d955-46d0-aad5-1c620e3975ef-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Facebook_55598884-7995-4d93-92d3-5101d580d70c.png
Type: image/png
Size: 365 bytes
Desc: Facebook_55598884-7995-4d93-92d3-5101d580d70c.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/Facebook_55598884-7995-4d93-92d3-5101d580d70c-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png
Type: image/png
Size: 468 bytes
Desc: LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png
Type: image/png
Size: 619 bytes
Desc: Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/Twitter_216c94ca-a91c-458c-ad76-295500e4747c-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png
Type: image/png
Size: 621 bytes
Desc: Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20191009/6bd6db30/Instagram_c437b822-13ce-4d58-87bc-212014b134fa-0001.png>