CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 20141
...enor's action on a payment bond is a violation of the lienor's right to equal protection of the law. A landowner may exempt his property from all mechanics' liens, except that of the contractor, by requiring the contractor to furnish a payment bond. § 713.02(6), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3145, 2003 WL 1035713
...e met. See Viking Communications Corp. v. Peeler Const. Co.,
367 So.2d 737 (Fla. 4th DCA 1979)(since a contract is essential to any mechanic's [contractor's] lien, the court must look first to the enforceability of the basic contractual obligation); §
713.02(7), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1976 Fla. App. LEXIS 14472
...[6] Section 84.051, F.S. 1963, now §
713.05, F.S. 1975. [7] Section 84.061, F.S. 1963, now §
713.06, F.S. 1975. [8] Section 84.061(2)(a), F.S. 1963, now §
713.06(2)(a), F.S. 1975. [9] See § 84.04(1)(a), F.S. 1961. [10] Section 84.022(4), F.S. 1963, now §
713.02 (4), F.S....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...sure against the owner, on grounds the contractor had provided payment bonds for the protection of suppliers of labor and material to the projects and, therefore, the owner and its property were exempt from the claims of liens of suppliers. Sections
713.02(6),
713.23....
...ions
713.08(5) and
713.22. Thus the suppliers' argument would on every bonded job subject the owner to revived liability to foreclosure for a period of up to 90 days after termination of the surety's bond liability. We cannot consent to that result. Section
713.02(6) provides: "In any direct contract the owner may require the contractor to furnish a payment bond as provided in s....
...." The exemption so provided is permanent, not transitory. It is not forfeited by the suppliers' failure to secure their remedies against the bond. When the trial court on December 5, 1975, dismissed the suppliers' foreclosure action against the owner because of the Section 713.02(6) exemption, that order was a final and appealable judgment....
CopyCited 3 times | Published | District Court, M.D. Florida | 43 A.F.T.R.2d (RIA) 1173, 1977 U.S. Dist. LEXIS 16781
...on from double liability. The contractor will typically be obligated to the owner to see that sub-subcontractors are paid and he will usually have secured a payment and performance bond conditioned upon his payment of such obligations. See Fla.Stat. § 713.02(6); 22 Fla.Jur., Mechanics Liens, § 54 (1977 Supp.)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2006 WL 1931199
...f section
255.05 or section
713.23 . . ., whichever is applicable, are incorporated herein by reference." [1] In compliance with sections
713.13 and
713.23(1), the bond was attached to the notice of commencement recorded and entered on 30 July 1999. Section
713.02(6), Florida Statutes (1999), provided that an owner could avoid construction liens on its property, other than that of the contractor furnishing a payment bond to the owner, by requiring the contractor to furnish a payment bond under s...
...In this regard, the statute provides: In any direct contract the owner may require the contractor to furnish a payment bond as provided in s.
713.23, and upon receipt of the bond the owner shall be exempt from the other provisions of this part as to that direct contract. . . . §
713.02(6), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...3rd DCA 1977); Sorenson/Fletcher Construction Co. v. Grasso,
319 So.2d 194 (Fla. 4th DCA), cert. dismissed,
324 So.2d 90 (Fla. 1975). [5] McMahan also alleged that no final affidavit was required of it because it had furnished owner with a payment bond pursuant to section
713.02(6), Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...A statutory payment bond was secured with Di-Com as principal, and Fidelity and Deposit Company of Maryland as surety. There is no question that the bond conformed to the requirements of Florida Statutes, Section
713.23, F.S.A. The effect of such bond is set forth in F.S. §
713.02(6), F.S.A....
...ractor, Di-Com Corporation. We reverse. In the first place, we think that securing of the payment bond pursuant to F.S. §
713.23, F.S.A., exempted the property owner and the property from direct liability. Appellee argues that the provision in F.S. §
713.02(6) F.S.A., that the "owner may post said bond or copy thereof," requires some physical attachment on the premises....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 4179674
...ing Aquatic's claim against American. Chapter 713, Florida Statutes, governs mechanics' liens on privately-owned property and provides for a lien in favor of those "who perform labor or services or furnish materials constituting an improvement." See § 713.02(3)-(4), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 35, 2013 WL 264440, 2013 Fla. LEXIS 87
...vided a bond on behalf of the unlicensed contractor, subcontractor, or sub-subcontractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed as provided in s.
489.128 or s.
489.532. §
713.02(7), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 15738
...United Bonding Insurance Co. v. City of Holly Hill,
249 So.2d 720 (Fla. 1st DCA 1971)." Southwest Florida Water Management District v. Miller Construction Co.,
355 So.2d 1258, 1259 (Fla. 2d DCA 1978). *1070 When Section
713.23 is read in conjunction with Section
713.02(6), it provides for a payment bond for one in privity with the owner of the property being improved....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 9508, 1999 WL 525442
...e no good faith effort to ever serve such a notice on Gulfside. The notice to owner is a separate requirement of the construction lien law. As an entity not in privity with the owner, Chapman's rights to a lien are as provided in section
713.06. See §
713.02(4), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 19931
...Judgment *90 was ultimately entered for Seymour against both. When the church received the payment bond provided by Marshall in January of 1986, it was thereafter exempt from any liens growing out of the construction, other than the lien of the general contractor, Marshall. Section 713.02(6), Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4776
...We express no opinion as to whether special fabrication by the plumbing contractor would have benefited the material-man, since there is no evidence to clearly establish that the plumbing contractor did specially fabricate any of the materials. But Cf. Surf Properties v. Markowitz Bros., Fla.1954,
75 So.2d 298 . . Now F.S. Section
713.02(4), F.S.A.1967....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 13845, 2000 WL 1595972
...improving real property and does not furnish materials or labor service of others. (22) “Perform” or “furnish” when used in connection with the words “labor” ... means performance or furnishing by the lienor or by another for him or her. Section 713.02(4), reads: (4) Persons who are not in privity with an owner and who perform labor ......
CopyPublished | Florida 3rd District Court of Appeal
...We conclude that
Pirtle’s Claim of Lien can only exist against WHA’s leasehold interest and
therefore the trial court’s misapplication of chapter 713 amounts to a
departure from the essential requirements of law.
WHA contends that the lower court correctly interpreted the plain
language of section 713.02(3), Florida Statutes, which states in pertinent
part, “[p]ersons in privity with an owner and who perform labor or services
or furnish materials constituting an improvement ....
...This is so because WHA has no ownership interest
in the Property. WHA leases the Property as a sub-sub-lessee and only for
the purpose of constructing and operating an auto dealership which will
generate revenue up the lease chain. WHA’s reliance on section 713.02(3)
is misplaced. That section states “[p]ersons in privity with an owner shall
have rights on real property. . . .” (emphasis added). Section 713.02(3)
applies only to those situations where the lienor is in privity with the owner.
Here, Pirtle is not in privity with the owner, the City of North Miami....
CopyPublished | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2629, 1985 Fla. App. LEXIS 17075
...Davis Water and Waste Industries, Inc.,
455 So.2d 1164 (Fla. 2d DCA 1984), and Sewer Viewer, Inc. v. Shawnee Sunset Developers, Inc.,
454 So.2d 701 (Fla. 2d DCA 1984). While the text of section
713.04 does not specifically refer to subdivision improvements, section
713.02 makes it clear that section
713.04 is limited to liens for that kind of work....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1407, 1990 WL 20396
...The trial judge denied the contractor’s motion for summary judgment and dismissed the case finding that the undisputed facts established that no cause of action existed based upon a mechanics’ lien theory. The contractor appeals. Chapter 713, Part I, Florida Statutes, provides for mechanics’ liens. Section 713.02(5) provides (5) Any improvement for which the direct contract price is $2,500 or less shall be exempt from all other provisions of this part I except the provisions of s....
...hing of the labor or services or materials by the lienor.” The contractor admits that under section
713.05 he is required to file a claim *932 of lien although he has a direct contract and is in privity with the owners, but he asserts that because section
713.02(5) states that any such improvement shall be exempt from all provisions of part I except
713.05 he is not required to file his claim of lien within the 90 day period provided for in section
713.08(5). We do not agree. The portions of the statutes emphasized above indicate that the claim of lien of lienors in privity must be filed within the 90 day period provided for in section
713.08(5) even when the direct contract price is $2,500 or less. Section
713.02(5) provides that when the direct contract price is $2,500 or less, the improvement is exempt from the mechanics' liens law except as to the liens of lienors in privity provided by section
713.05; it does not provide that the lienor is...
CopyPublished | Florida 1st District Court of Appeal | 1988 WL 134442
...nal regulation ineffective. We agree with appellees that is not what the legislature intended. We believe that the only way O'Kon could assert a valid lien under Chapter 713 to enforce a claim for architectural fees would be through the mechanism of section 713.02(2), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 11, 1984 Fla. App. LEXIS 16436
...3rd DCA 1977); Sorenson/Fletcher Construction Co. v. Grosso,
319 So.2d 194 (Fla. 4th DCA), cert. dismissed,
324 So.2d 90 (Fla.1975). . McMahan also alleged that no final affidavit was required of it because it had furnished owner with a payment bond pursuant to section
713.02(6), Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17194
...ront motels. Owners contend the trial court erred because the general contractor on the two projects furnished statutory payment bonds to owners under Section
713.23, Florida Statutes (1975), which exempted them from liability to subcontractor under Section
713.02(6), Florida Statutes (1975)....
CopyPublished | Florida 3rd District Court of Appeal
...services. Burleigh
House, though, refused to make any payment to First Response.
On December 20, 2022, Hernandez, acting on behalf of First
Response, recorded a claim of lien against Burleigh House’s property for the
unpaid repairs. See § 713.02, Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13998
...An $800 payment was made prior to trial (apparently by Strunk), leaving a balance due of $60.60. Rinker continued the litigation, demanding costs and attorney’s fees. Appellants’ sole defense was that their property is exempt from Part I of the Mechanics’ Lien Statute pursuant to Section
713.02(5), Florida Statutes (1983), since the contract price was for less than $2,500, and Section
713.05 permits recovery only if the owner is in privity with the materialman....
...Rinker responds that the exemption for contracts less than $2,500 relates to additions to existing structures rather than to the construction of entire structures. The trial court held that the exemption was not applicable to this case, and thus found in favor of Rinker. Section 713.02(5), Florida Statutes (1983), provides that “[a]ny improvement for which the contract price is $2,500 or less shall be exempt from all other provisions of this part I [relating to mechanics’ liens] except the provisions of s....
...We find no cases interpreting this provision. However, we consider the following persuasive: Prior to October 1, 1978, an owner’s property was exempt from mechanics’ liens of non-privity lienors where repair or remodeling improvements were made. This is because § 713.02(5) (1977) provided an exemption where an improvement was made to an existing improvement costing $500.00 or less. In 1978, the Florida legislature amended the exemption contained in § 713.-02(5). § 713.02(5) eliminated the phrase “to an existing improvement.” Presently, any improvement within the monetary limits of § 713.02(5) is exempt from liens of non-privity lienors, even though it is independent of existing improvements....
...liens. Thus, we accept appellants’ position. The concrete slab work was for a contract price less than $2,500. Moreover, appellants and Rinker are not in privity. Therefore, appellants’ property is exempt from the mechanics’ lien law. Because Section 713.02(5), Florida Statutes (1983) unambiguously exempts appellants’ property from Rinker’s claim of lien, the final judgment of the trial court is reversed and the cause remanded for the determination of a reasonable attorney’s fee to be awarded appellants, the prevailing parties below and on this appeal....
CopyPublished | Florida 5th District Court of Appeal | 1973 Fla. App. LEXIS 7101
is affirmed. 5 Am.Jur.2d 159, Appeal and Error, § 713; 2 Fla.Jur. 670, Appeals, § 313; Weil v. City of
