[RPPTL-constructionlaw] 713.10 lien for private leasehold onpublic land

[Bryan L. Capps]

Steve Pickert and I had such a case many years ago, wherein the City of Coral Springs entered into a renewable "Concession Agreement" (i.e., a lease) for a private party to build an ice-skating rink on City property.  Under the Concession Agreement, the concessionaire/lessee actually owned the improvements subject to the City's reversionary interest at the conclusion of the lease.  The concessionaire/lessee didn't pay the contractor and, in fact, sold its interest during construction.  The contractor, our client, recorded a lien against the property, and both the concessionaire/lessee and the purchaser said the property was not lienable.  We moved for and were granted summary judgment in our favor on that issue.  Attached is the motion/brief, which is a matter of public record and may be helpful.  Presumably much of the law has changed/evolved over the past 14 or so years.
 
Bryan Capps

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From: constructionlaw-bounces at lists.flabarrpptl.org on behalf of Larry Leiby
Sent: Thu 2/2/2012 3:44 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] 713.10 lien for private leasehold onpublic land



The answer is in the definitions in 713.01 (and if you are referring to 8:3 of my book, it is set out there).  The statutory reason that you can't lien publicly owned property is because a governmental owner is not within the definition of owner in 713.01.  The definition of real property also excludes governmentally owned property.  This is intended to keep governmentally owned property out of the lien law because a government must usually go through an election to subject public owned property to liens, e.g., financing bond issues.  

 

An owner is also defined as one having an interest in the property and who enters into a contract for the improvement of the real property.  Thus there is no reason that you cannot have a lien on a private leasehold interest that sits on public property.  You want to be careful when you prepare the lien to only seek it against the leasehold.  Also a lien on a leasehold is typically only as valuable as the tenant is collectable.  

 

Go get em.

 

Larry R. Leiby, Esq.

Malka & Kravitz, P.A.                                                          

1300 Sawgrass Corp. Pkwy., Suite 100

Ft. Lauderdale, FL  33323

Phone:  954-514-0984

Fax:      954-514-0985

 

e-mail:  leiby at mkpalaw.com

 

Board Certified in Construction Law

Fla. S. Ct. Certified Circuit Court Civil Mediator

Fellow, College of Commercial Arbitrators

 

 

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

 

 

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