[CLC-Discussion] Lien Law Question

Wed Oct 9 06:22:40 PDT 2019

Does the requirement of sending a Notice to Owner have any impact on the answer? 

J. Thomas McKeel, Esq.

J. Thomas McKeel, P.A.

303 Centre Street, Suite 103

Fernandina Beach, FL  32034

jtm at mckeellaw.com

904-261-9437

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 10:53 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?

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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
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Subject: Re: [CLC-Discussion] Lien Law Question

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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.

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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
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Subject: [CLC-Discussion] Lien Law Question

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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

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