[RPPTL-constructionlaw] 713.10 lien for private leasehold on public land

[David Mankuta]

I think under that circumstance you have an absolute right to lien >> but probably  only the lessee's interest.   However, that could be very good leverage as I imagine that the public entity would not want a stranger to step in and take over  the building and, therefore, they will pressure the lessee to pay up.



David B Mankuta, Esq.
Board Certified in Construction Law
dbm at atkinson-diner.com<mailto:dbm at atkinson-diner.com>
www.atkinson-diner.com<http://www.atkinson-diner.com/>
Atkinson, Diner, Stone, Mankuta & Ploucha, P.A.
One Financial Plaza, Suite 1400
100 S.E. 3rd Avenue
Ft. Lauderdale, FL  33394
Tel:  (954) 925-5501
Fax:  (954) 920-2711

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Rafael Perez
Sent: Thursday, February 02, 2012 2:56 PM
To: constructionlaw at lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] 713.10 lien for private leasehold on public land

Does anyone have any authority for a construction lien on a leasehold where the lessee is a private party but the lessor is a municipality (i.e. on public land)?  The lessee contracted for the improvements which were required by the lease agreement.  The only authority I have found is Section 8.3 of the Fla. Prac. Construction Law Manual which states in the first paragraph, in part: "However, there may be private leasehold interests on governmental property that are lienable."   I have found no other authority.

Rafael A. Perez
Board Certified Construction Attorney
McArdle and Perez, P.A.
806 S. Douglas Road, Suite 625
Coral Gables, Florida 33134
305-442-2214
Fax 305-442-2291
rperez at mcper.com<mailto:rperez at mcper.com>


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