CopyCited 23 times | Published | Florida 4th District Court of Appeal
..., reading the statutes in pari materia would allow a similar construction on the Notice to Owner. Of interest is subsection (3)(a) under Section
713.06, which states that if the description of the property in the notice of commencement prescribed by Section
713.13, mandating that owners must record a notice of commencement before beginning improvement of any real property, is incorrect and this error adversely affects any lienor, then payments made on the direct contract shall be held improperly paid to that lienor....
...Though the Notice of Commencement was originally required to trigger a commencement date from which to measure time limitations under the Mechanic's Lien law, [2] the information contained in the Notice of Commencement provides all the details necessary to complete a Notice to Owner. Indeed, Section 713.13(1)(a), Florida Statutes, requires with Notice of Commencement information including the name and address of the owner and contractor....
...[2] See 1963 Amendment to 1935 Mechanic's Lien law. [3] See §
713.06(2)(a), Fla. Stat. (1983). [4] It is significant that Symons never pled nor attempted to prove that it had been misled by information contained in the owner's notice of commencement. Section
713.13, Florida Statutes (1983), requires the owner to list his name, address, etc....
CopyCited 14 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 19, 1986 Fla. LEXIS 3076
...uction. NOTES [1] §
713.06(2)(a) provides in part: "All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, shall be required to serve a notice on the owner... ." [2] §
713.13, Fla....
...k's office stating his intention to recommence construction and that all lienors giving notice have been paid in full... . Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...hitect is not supported by the record. The contract places upon the architect none of the duties alleged. The mechanic's lien statute places the burden of recording and posting a "Notice of Commencement" upon the "owner or his authorized agent." See Section 713.13(1), Florida Statutes (1971)....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...priorities resulted from a similar problem caused by keying the attaching date of liens to the first "visible commencement" of building operations. This problem was eliminated by that revision providing for a written recorded notice of commencement (Section 713.13, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...The principal on the payment bond was the general contractor, and the surety *1196 was General Insurance Company of America. This bond was in proper form and qualified as a payment bond under the provisions of Section
713.23. The owner, on October 31, 1972, as provided by Section
713.13, Florida Statutes, recorded in the Public Records of Palm Beach County, and posted at the job site, a Notice of Commencement....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Legal description attached." Attached to the notice of lien was a lengthy meets and bounds description of a portion of Lot 3 of Tatum Subdivision, identical to the legal description in a notice of commencement of improvement on real estate, which had been filed by the owner as provided for by § 713.13 Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4643302
...from the defect. [7] The slander of title claim was dismissed for lack of evidentiary support. [8] Other portions of Chapter 713 confirm that the Legislature was well aware of the distinction between notarized oaths and unnotarized oaths. See, e.g., § 713.13, Fla. Stat. (1999); § 713.135, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...efendants. The trial court found that the lienholders' claims were superior to the mortgagees' on the basis that the mechanics' liens related back and attached as of the date of the recording of the notice of commencement. The mortgagees assert that Section 713.13(5), Florida Statutes, prevents any mechanics' liens recorded more than one year after the recording of the notice of commencement from relating back to the notice of commencement as the date the lien attaches. Section 713.13(5) provides: Unless otherwise provided in the notice of commencement or a new or amended notice of commencement, any notice of commencement heretofore or hereafter recorded shall not be effective as to any person acquiring title or any...
...e class is defined, the mortgagees are not included. Under Florida law a mortgage does not convey title or create "any interest in real property." [1] The mortgagees have presented a very convincing argument that the legislature intended by enacting Section 713.13(5) to fix a date certain by which liens must be recorded or lose the right to relate back to the notice of commencement....
...han one year after the recording of the notice of commencement. [2] The mortgages, even if defined as "any interest in real property," were recorded within one year of the notice of commencement and are therefore excluded from the class benefited by Section 713.13(5). For these reasons we hold that the mortgagees were not entitled to invoke Section 713.13(5) to gain priority over the mechanics' liens of the appellees, and the trial court's order is affirmed in this respect....
...For the foregoing reasons the judgment of the trial court is reversed with directions that judgment be entered in accordance with the terms of this opinion. CROSS, J., concurs. LETTS, J., dissenting in part. LETTS, Judge, dissenting in part. I agree with the foregoing except that I disagree that section 713.13(5) of the Florida Statutes (1975), does not apply to mortgages despite the recent Second District Court of Appeals decision in United of Florida, Inc., v....
...1934), wherein the court held that "a mortgage does not create AN INTEREST IN LAND." (Emphasis supplied). I cannot agree, however, that a mortgage does not constitute the acquiring of ". . an y interest in real property from the owner or under him ... ." under the intent of Section 713.13(5), for it is self evident that the holder of a mortgage lien on any property has some considerable interest in it, and I am confident that the statutory language employed never envisaged that the phrase "......
..."two or more criminals conversing *741 together," there would be no reason to have to conclusively presume that the words could refer only to a meretricious relationship. My second reason for disagreeing is that it is most inconsistent to hold that Section 713.13(5) would permit lienors to retain superior rights, vis-a-vis mortgage lenders, after the passage of one year, and yet have those very same rights, at the end of one year, become inferior to actual purchasers, or for that matter, long term lessees under a leasehold interest....
...nt of an act of which it is a part, it is not sacrosanct but is subject to statutory construction in relation to conflicting provisions ... Ervin v. Capital Weekly Post,
97 So.2d 464, 467 (Fla. 1957). It is unquestioned that the language employed in
713.13(5) is unfortunate and steps should be taken to clarify it, for even the twelve month time provision is susceptible to diverse reading....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...tered by the trial court in favor of the assignees of the mortgages. As related to the issue before us, the facts are undisputed. The owners of Horizon-DeSoto Lakes, a large condominium complex in Manatee County, filed a notice of commencement under Section 713.13, Florida Statutes, on March 14, 1973....
...ne year from the date it was recorded. Thus, the court concluded there was no effective notice of commencement when the appellees acquired their mortgage interests, and adjudged each appellee's mortgage lien to be superior to United's claim of lien. Section 713.13, Florida Statutes, which provides for notice of commencement, states in Subsection (5) thereof: "Unless otherwise provided in the notice of commencement or a new or amended notice of commencement, any notice of commencement heretofore...
...In our judgment United's claim must take priority, because we do not believe it can be said that a mortgage is an interest in real property. Consequently, the assignee of a mortgage could not thereby acquire "an interest in real property" as specified in Section 713.13(5), Florida Statutes....
...d be held to mean something else when considered within the context of the Mechanic's Lien Act. Yet, the words are not otherwise defined in the Act. With these words having such a well understood meaning, we believe that if the legislature had meant Section 713.13(5), Florida Statutes, to include mortgages, it would have said so. Even if we accepted the contention that a mortgage is an interest in real property for purposes of Section 713.13(5), we would still find it necessary to reverse. Clearly, the mortgages in favor of Urban were subordinate to United's claim since Urban acquired those mortgages within the one year period stipulated in Section 713.13(5)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 17569
...not a payment bond was involved. Consequently, we find no error in the trial court's order denying appellants' motion for change in venue from Dade to Broward County. PROPER PAYMENTS DEFENSE Upon recording of the notice of commencement, pursuant to Section
713.13, Florida Statutes (1977), and compliance with the requirements of Section
713.06, Florida Statutes (1977), an owner may make payments to lienors under direct contracts for amounts due and may deduct such payments from the balance due to the contractor under a direct contract....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1991 WL 232260
...ner of the real property. The general contractor obtained a payment bond from Fidelity and Deposit Company of Maryland, as surety, pursuant to section
713.23, Florida Statutes (Supp. 1988). The owner did not file a Notice of Commencement pursuant to section
713.13, Florida Statutes (Supp....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Florida Mechanics Lien Manual, § 804(1) 1974, agrees with our conclusion. We also note that the legislature has seen fit to exclude lienors, who furnish materials for subdivision improvements, from the necessity of filing a notice of commencement under § 713.13 (see subparagraph 4 thereof)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 186976
...iously answered in a Florida decision. The issue is whether surveying, flagging and staking a construction site for an improvement within 30 days of recordation of the notice of commencement can constitute "actual commencement" within the meaning of section 713.13, Florida Statutes (1989). We think that such activity can satisfy the statute and thus reverse the summary judgment for a trial on the claims and defenses. Section 713.13 requires an owner of real property to file a notice of commencement before actually beginning improvements to his property. Section 713.13(1)(a), Florida Statutes (1989). Subsection (2) of section 713.13, however, provides as follows: If the improvement described in said notice is not actually commenced within 30 days after the recording thereof, such notice shall be void and of no further effect....
...rty day period. The only activity the Defendants were able to suggest were [sic] the activities of the surveyor who commenced to "verify boundary monuments to the subject property." Clearly, a boundary survey does not constitute commencement under F.S. 713.13(2)....
...oved. Section 84.01, Florida Statutes (1961). In 1963 the legislature demolished the old mechanic's lien law and adopted an entirely new scheme. See Chapter 63-135, Laws of Florida. The foregoing provisions were replaced with the text of what is now section 713.13(2) as set out above....
...that the trial court had its attention deflected from the precise text of the current statute; for both of these decisions dealt with the former statute and the requirement of visible, rather than actual, commencement. The trial court appears to have concluded that section 713.13(2) brought back the "visibility" requirement, perhaps as a synonym for "actual"....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1345236
...at 1195-96. Mursten Construction Co. v. C.E.S. Industries, Inc.,
588 So.2d 1061 (Fla. 3d DCA 1991), addresses similar issues. There, the general contractor obtained a payment bond. However, the owner did not file a notice of commencement pursuant to section
713.13, and neither the owner nor the general contractor responded to the material supplier's request that it be advised if a payment bond existed and that it be provided with a copy of the bond....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1346
...Tri-County subsequently filed an action to foreclose its lien. Alternatively, Tri-County sought to establish a private cause of action for damages resulting from the owner's negligence in failing to record a notice of commencement in accordance with section 713.13(1), Florida Statutes (1985). The trial court held that Tri-County's lien was valid, but dismissed the negligence cause of action for the owner's failure to comply with section 713.13(1)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The only issues at trial were: First, whether Golden Triangle properly served a "Notice to Owner" on Continental as required by F.S. §
713.18, F.S.A. 1971; and second, whether Continental's failure to file a "Notice of Commencement" as required by F.S. §
713.13, F.S.A....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...The trial court dismissed both counts. We affirm. The record shows that the Notice of Commencement which was not recorded by the owner of the project until February 12, 1982, was not timely recorded because construction apparently began on October 16, 1981. See § 713.13, Fla....
...The fact that the Notice of Commencement was recorded late does not mean that it did not provide notice of the existence of the bond. The Notice of Commencement did provide such notice. The fact that the name and address of the surety was not given in the notice, as required by section 713.13, does not mean that appellant did not receive the requisite notice....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...es that it applies to lienors, regardless of privity, who furnish materials for subdivision improvements. Second Issue. We reverse. A subdivision owner is not required to file a notice of recommencement after abandonment of subdivision improvements. Section
713.13(1), Florida Statutes (1975), requires an owner to file a notice of recommencement after abandonment as does Section
713.07(4) which concludes that the notice be filed as provided in Section
713.13, Florida Statutes (1975). However, Section
713.13(4), Florida Statutes (1975), clearly states that Section 713 does not apply to an owner who is constructing improvements described in Section
713.04....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Exteriors", were improper under the Mechanics' Lien Law. This is true because of their failure to file a notice of commencement and their failure to obtain a contractor's affidavit from the contractor listing any unpaid materialmen or asserting that all such had been paid. Section 713.13, Florida Statutes (1975) requires an owner before commencing to improve his real property to record a notice of commencement in the Circuit Clerk's office, and to post a certified copy of same, containing a description of the property...
...name and address of the owner, the name and address of the contractor, and certain other information. Section
713.06(3)(a) provides: "(a) The owner shall not pay any money on account of a direct contract prior to recording of the notice provided in s.
713.13, and any amount so paid shall be improperly paid......
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Wool Wholesale Plumbing Supply, Inc. v. Abdo,
365 So.2d 216 (Fla. 4th DCA 1978). Section
713.06(3)(a), Florida Statutes (1977), provides that an owner may not pay any money on account of a direct contract prior to recording the notice of commencement provided for in Section
713.13, Florida Statutes (1977), and any amount so paid shall be deemed an improper payment....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1973 Fla. App. LEXIS 7079
...in the hands of Food Fair, it having already paid Evans in full for all services performed. We decline to establish a fictitious fund as urged by Gay. The judgment appealed is affirmed. JOHNSON, J., and NESBITT, Associate Judge, concur. NOTES [1] F.S. 713.13, F.S.A....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 15728, 2011 WL 4578320
...in the company. Contract Management entered into an agreement with K & A in July 2005 to purchase the rebar materials necessary to construct the building's structural shell. On August 15, 2005, the Owner recorded a Notice of Commencement pursuant to section 713.13, Florida Statutes (2004)....
...Accordingly, on March 23, 2006, K & A recorded a Satisfaction and Waiver and Release of Lien on Final Payment for each of its claims of lien. On March 28, 2006, the Owner recorded both a Notice of Termination of the August 15, 2005 Notice of Commencement, pursuant to section 713.132, Florida Statutes (2005), and a new Notice of Commencement....
...notice on the contractor. See §
713.23(1)(e), Fla. Stat. (2005). An owner must record a notice of commencement before initiating improvements to any real property, whether or not the project has a payment bond in compliance with section
713.23. See §
713.13(1)(a), Fla....
...nally required to trigger a commencement date from which to measure time limitations under the [Construction] Lien Law, the information contained in the Notice of Commencement provides all the details necessary to complete a Notice to Owner. Indeed, Section 713.13(1)(a), Florida Statutes, requires with Notice of Commencement information including the name and address of the owner and contractor....
...§
713.07(2), Fla. Stat. A notice of commencement may be terminated only after completion of construction, or if construction ceases before completion, after all lienors have been paid in full or pro rata in accordance with section
713.06(4), Florida Statutes. See §
713.132(1), (3), Fla. Stat. (2005). If a notice of termination of a notice of commencement is *318 recorded as a result of the cessation of construction, a new notice of commencement must be recorded before completion of the improvement may be recommenced. See §
713.13(1)(a), Fla....
...f the August 15, 2005 Notice of Commencement. The Notice of Termination acknowledged that all lienors had been paid in full and was recorded after construction on the Project had ceased before completion, thus satisfying the requirements of sections 713.132(1)(e) and (3)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 601
...ainst Defendants, ANTHONY DeSANTI and LUCY A. DeSANTI, his wife, only. DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this 28th day of April, 1987. Design Aluminum filed a "petition" for rehearing, attaching copies of sections 713.13 and 713.135, Florida Statutes (1985)....
...riginally required to trigger a commencement date from which to measure time limitations under the Mechanic's Lien Law, the information contained in the Notice of Commencement provides all the details necessary to complete a Notice to Owner. Indeed, Section 713.13(1)(a), Florida Statutes, requires with Notice of Commencement information including the name and address of the owner and contractor....
...sure that a Notice of Commencement is properly filed. In fact, that proposition, which the trial court adopted in this case, militates against the plain language in, and obvious purpose of, the statutory section requiring the Notice of Commencement, section 713.13, Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 1378, 2000 WL 159071
...for a Katolight generator to be installed at her home, for use in case of a hurricane. This was a $47,919 transaction, payable in installments, and the homeowner paid Strickland $19,409.50 upon signing the contract. The homeowner did not record a notice of commencement under Florida's Construction Lien Law. See § 713.13, Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 26781
...The judgment of the district court is REVERSED and the case is REMANDED to the district court for further proceedings. II. Background The liens held by claimants originated from construction of an apartment complex in Broward County Florida by Greenview Apartments, Ltd. Under Fla. Stat. Ann. § 713.13 (l)(a), before “actually commencing” to improve real property an owner must file a Notice of Commencement in the Office of the Clerk of the Circuit Court of the county in which the property is located, and must post a copy thereof. Fla. Stat. Ann. § 713.13 (l)(a) (West 1989)....
...ice of Commencement. Id, §
713.07. The Notice is of no effect, however, if the improvements described in the Notice are not commenced within 30 days after the recording thereof, and it is not effectual after one year from the date of recording. Id. §
713.13(2) & (5)....
...sly answered in any Florida decision: whether surveying, flagging and staking a construction site for an improvement within 30 days of recordation of the Notice of Commencement can constitute actual commencement within the meaning of Fla. Stat. Ann. § 713.13 ....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18666
...ance with section
713.10, Florida Statutes (2010). After entering into the lease, Tenant contracted with MHB to make improvements to the leased space. Before the construction began, Landlord executed and recorded a notice of commencement pursuant to section
713.13, Florida Statutes (2010)....
...Lending Corp.,
742 So.2d 468 (Fla. 4th DCA 1999), Judge Warner, quoting Symons Corp. v. Tartan-Lavers Delray Beach, Inc.,
456 So.2d 1254 (Fla. 4th DCA 1984), provided a concise statement of the purpose served by a notice of commencement pursuant to Section
713.13(l)(a), Florida Statutes: Though the Notice of Commencement was originally required to trigger a commencement date from which to measure time limitations under the Mechanic’s Lien Law, the information contained in the Notice of Commencement provides all the details necessary to complete a Notice to Owner. Indeed, Section
713.13(l)(a), Florida Statutes, requires with Notice of Commencement information including the name and address of the owner and contractor....
...ent names and addresses of the owner and contractor, so that the lienor could properly mail the Notice to Owner. Sasso Air Conditioning, Inc.,
742 So.2d at 470 (quoting Symons Corp.,
456 So.2d at 1259 ). Contrary to MHB’s assertion, we do not read section
713.13, Sasso Air Conditioning, Inc., or any other case law provided by MHB to suggest that the execution of a notice of commencement has the effect of giving a contractor the right to lien the property of a lessor who is not a party to the contractor-lessee contract for improvements....
...(d) A statement that all leases entered into for premises on the parcel of land contain the language identified in paragraph (c). §
713.10(2)(a)-(d), Fla. Stat. (2010). We are bound by the strict interpretation of section
713.10, and to follow MHB’s proposition that section
713.13 abrogates the rights under section
713.10, would ignore the plain meaning of section
713.10....
...ndlord’s Work/Construction Agreement,” providing for reimbursement of Tenant's construction costs conditioned on Tenant receiving a final release from MHB. . We also note that the Notice of Commencement properly complied with the requirements of section 713.13(l)(a)3., Florida Statutes (2010), by listing Tenant as the owner and that Tenant’s ownership interest was a leasehold interest....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 9508, 1999 WL 525442
...Appellant owner, Gulfside Properties Corporation ("Gulfside"), appeals an Order of Judgment in favor of Chapman Corporation ("Chapman"), the materialman, in a suit to enforce a construction lien. The trial court concluded that because Gulfside failed to sign its notice of commencement as owner as required by section 713.13(1)(g), Florida Statutes (1993), Gulfside could not assert lack of proper notice to owner as a defense to Chapman's suit to enforce a construction lien against Gulfside's property....
...mmencement as owner did not excuse Chapman's service of a notice to owner; and that Chapman's failure to make any effort to serve the notice to owner is a complete defense to the action seeking enforcement of its claim of lien. Chapman counters that section 713.13(1)(g) requires that the owner must sign the notice of commencement and that this requirement is undelegable....
...BARFIELD, C.J., and KAHN, J., concur. NOTES [1] In 1990, Chapter 713, Part I, was changed from mechanics' lien to construction lien. See ch. 90-109, § 1, at 309-310, Laws of Fla. [2] The notice of commencement was invalid because it was not signed by the owner. See § 713.13(1)(g), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 12526, 1999 WL 743618
...ginally required to trigger a commencement date from which to measure time limitations under the Mechanic’s Lien Law, the information contained in the Notice of Commencement provides all the details necessary to complete a Notice to Owner. Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of Commencement information including the name and address of the owner and contractor....
...resses of the owners and contractor. (footnote omitted). If the notice of commencement provides the lienor with the necessary information for serving the notice to owner, then a lienor ought to be able to rely upon the information contained therein. Section 713.13(1)(a), Florida Statutes (1995), provides “[e]xcept for an improvement that is exempt ......
...priority by performing a title search, something one would expect of any mortgage company before loaning money. Upon finding the earlier filed notice of commencement, United could have required the Martins to file a notice of termination pursuant to section 713.132 prior to United recording the mortgage....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17144
...at 152 . If priority liens exhaust those funds, the claimant is entitled to nothing. E.E. Dean Snavely, Inc. v. Weatherking, Inc.,
343 So.2d 58 (Fla. 4th DCA 1977). In the instant case appellant failed to file a notice of commencement as required by Section
713.13, which rendered all payments made under the contract improperly paid....
CopyPublished | Court of Appeals for the Eleventh Circuit
...r further proceedings.
II. Background
The liens held by claimants originated from construction of an apartment complex in
Broward County Florida by Greenview Apartments, Ltd. Under Fla. Stat. Ann. §
713.13(1)(a),
before “actually commencing” to improve real property an owner must file a Notice of
Commencement in the Office of the Clerk of the Circuit Court of the county in which the
property is located, and must post a copy thereof. Fla. Stat. Ann. §
713.13(1)(a) (West 1989).
Under §
713.07 a lien for labor, services or materials furnished to the property attaches and takes
priority at the time of recording the Notice of Commencement. Id. §
713.07. The Notice is of no
effect, however, if the improvements described in the Notice are not commenced within 30 days
after the recording thereof, and it is not effectual after one year from the date of recording. Id. §
713.13(2) & (5).
The events of this case are set out chronologically.
July 28, 1988: The Notice of Commencement for the Greenview site was recorded.
August 17, 1988: According to affidavits filed by the lienors in the summ...
...precise question not previously answered in any Florida decision: whether surveying, flagging
and staking a construction site for an improvement within 30 days of recordation of the Notice of
Commencement can constitute actual commencement within the meaning of Fla. Stat. Ann. §
713.13....
CopyPublished | Court of Appeals for the Eleventh Circuit
...further proceedings.
II. Background
The liens held by claimants originated from construction of an apartment complex in
Broward County Florida by Greenview Apartments, Ltd. Under Fla. Stat. Ann. § 713.13(1)(a),
before "actually commencing" to improve real property an owner must file a Notice of
Commencement in the Office of the Clerk of the Circuit Court of the county in which the property
3
is located, and must post a copy thereof. Fla. Stat. Ann. § 713.13(1)(a) (West 1989)....
...the time of recording the Notice of Commencement. Id. §
713.07. The Notice is of no effect,
however, if the improvements described in the Notice are not commenced within 30 days after the
recording thereof, and it is not effectual after one year from the date of recording. Id. §
713.13(2)
& (5).
The events of this case are set out chronologically.
July 28, 1988: The Notice of Commencement for the Greenview site was recorded.
August 17, 1988: According to affidavits filed by the lienors in th...
...question not previously answered in any Florida decision: whether surveying, flagging and staking
a construction site for an improvement within 30 days of recordation of the Notice of
Commencement can constitute actual commencement within the meaning of Fla. Stat. Ann. §
713.13....
CopyPublished | Florida 4th District Court of Appeal
...ance with section
713.10, Florida Statutes (2010). After entering into the lease, Tenant contracted with MHB to make improvements to the leased space. Before the construction began, Landlord executed and recorded a notice of commencement pursuant to section
713.13, Florida Statutes (2010)....
...Lending Corp.,
742 So.2d 468 (Fla. 4th DCA 1999), Judge Warner, quoting Symons Corp. v. Tartan-Lavers Delray Beach, Inc.,
456 So.2d 1254 (Fla. 4th DCA 1984), provided a concise statement of the purpose served by a notice of commencement pursuant to Section
713.13(1)(a), Florida Statutes: Though the Notice of Commencement was originally required to trigger a commencement date from which to measure time limitations under the Mechanic's Lien Law, the information contained in the Notice of Commencement provides all the details necessary to complete a Notice to Owner. Indeed, Section
713.13(1)(a), Florida Statutes, requires with Notice of Commencement information including the name and address of the owner and contractor....
...urrent names and addresses of the owner and contractor, so that the lienor could properly mail the Notice to Owner. Sasso Air Conditioning, Inc.,
742 So.2d at 470 (quoting Symons Corp.,
456 So.2d at 1259). Contrary to MHB's assertion, we do not read section
713.13, Sasso Air Conditioning, Inc., or any other case law provided by MHB to suggest that the execution of a notice of commencement has the effect of giving a contractor the right to lien the property of a lessor who is not a party to the contractor-lessee contract for improvements....
...(d) A statement that all leases entered into for premises on the parcel of land contain the language identified in paragraph (c). §
713.10(2)(a)-(d), Fla. Stat. (2010). We are bound by the strict interpretation of section
713.10, and to follow MHB's proposition that section
713.13 abrogates the rights under section
713.10, would ignore the plain meaning of section
713.10....
...Landlord's Work/Construction Agreement," providing for reimbursement of Tenant's construction costs conditioned on Tenant receiving a final release from MHB. [2] We also note that the Notice of Commencement properly complied with the requirements of section 713.13(1)(a)3., Florida Statutes (2010), by listing Tenant as the owner and that Tenant's ownership interest was a leasehold interest....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2566, 1988 Fla. App. LEXIS 5126
...e than the original price of the home. The Napolitanos filed a complaint against Lloyd Construction, Lloyd individually, and Security First. Subsequently, Security First filed a motion for summary judgment which was granted by the trial court. Under section 713.13, Florida Statutes (1981), an owner or his authorized agent, before actually commencing to improve any real property, shall record a notice of commencement in the clerk’s office....
...DeSanti,
521 So.2d 285, 287 (Fla. 2d DCA 1988), or MacIntyre v. Greens Pool Service, Inc.,
347 So.2d 1081 (Fla. 3d DCA 1977), there is evidence in the record to suggest that Security First was an authorized agent for the Napolita-nos. Notably, under section
713.13, Florida Statutes (1981), only an owner or his authorized agent can record the notice of commencement....
...hat delay after it learned of the commencement of work in July of 1981 is also questionable. When a lender voluntarily undertakes to record a notice of commencement for an owner, a duty is created and the bank becomes an authorized agent pursuant to section 713.13, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16748
...after the posting of notice of commencement, was recently determined by this court in Southern Colonial Mortgage Company, Inc. v. Medeiros,
347 So.2d 736 (Fla.4th DCA 1977). In that case we held that the mortgagees could not invoke the provisions of Section
713.13(5), 1 Florida Statutes (1969), to gain priority over mechanic’s liens which related back to the notice of commencement....
...Accordingly, the summary final judgment entered in favor of appellee is reversed, the order barring redemption rights is vacated and set aside, and the cause remanded for further proceedings. Reversed and remanded. ALDERMAN, C. J., CROSS, J., and MILLER, ROBERT, Associate Judge, concur. . § 713.13(5), F.S.A....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16613
...*299 Joe Papermakers Federal Credit Union (Credit Union), to construct a new office building for the Credit Union for the sum of $71,494. The Cabinet Shop subcontracted with Trend Corporation to install counters, cabinets and shelves for the price of $2,782. No Notice of Commencement as required by Section 713.13, F.S....
...failed to give notice to owner within forty-five (45) days of commencing to furnish the labor and materials under the subcontract as required by Section
713.06(2)(a), F.S.; that the owner failed to file a Notice of Commencement of Construction under Section
713.13(1), F.S.; failed to obtain from the general contractor any affidavit concerning payment of lien-ors; and failed to file a notice of recommencement of construction after the general contractor had abandoned the job....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1166, 1987 Fla. App. LEXIS 8169
...records a claim of lien within said 30-day period. A copy of said affidavit shall be served on each lienor named therein. Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13....
...ll lienors giving notice to him have been paid in full, except for those lienors listed in the affidavit. The second step is for the owner, prior to recommencement, to record a new notice of commencement for the recommenced construction, pursuant to Section 713.13, Florida Statutes (1981)....
...See Leiby, Florida Construction Law Manual § 7.05 (1981). Furthermore, these documents must be filed before construction is actually recommenced, and not, as argued by the appel-lees, before payments are made under the resumed construction. This is evident from the language of Sections
713.07(4) and
713.13(l)(a), Florida Statutes....
...prior to recommencement ..or the owner may record an affidavit in the clerk’s office stating his intention to recommence construction_ Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13.” (e.s.) Section 713.13(l)(a) provides: (l)(a) An owner or his authorized agent before actually commencing to improve any real property, or recommencing completion of any improvement after default or abandonment, whether or not a project has a payment bond complying with s....
...original work will not exceed the amount of the original contract price by filing the affidavit of intention to recommence construction and recording a new notice of commencement. When the owner complies with the provisions of Sections
713.07(4) and
713.13, he is entitled to set-off his cost of completing the improvement from the original contract price....
...y. To the contrary, however, the Mechanics’ Lien Law clearly requires that a new notice of commencement be recorded before eonstruction is recommenced regardless of whether a release is obtained or an affidavit is filed. See Sections
713.07(4) and
713.13(l)(a), Florida Statutes.
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3908, 1991 WL 66669
...A complaint in an action by a contractor in privity with the owner, to establish and foreclose a mechanics’ lien which does not allege the delivery of the contractor’s affidavit, fails to state a cause of action. 1 We further hold that the failure of the owners to record a notice of commencement as required by section
713.13(l)(a), Florida Statutes, does not relieve the contractor with privity from the consequences of failure to deliver the contractor’s affidavit required by sections
713.05 and 713.-06(3)(d), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15518
...in subsequent taxation of the property, with tax bill being sent to the owners in care of Davis, and by the latter, forwarded to the owners. 1 The owners did *926 not file a notice of commencement of construction on the land, as required of them by Section 713.13 Florida Statutes (1975), on which they might have given the same address as they gave on the deed or some other local or out-of-state address....
CopyPublished | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1701, 1989 Fla. App. LEXIS 4088
...ired by section 713.-13, Florida Statutes (1983) 3 until after the forty-five day period for service of National Hauling ⅛ notice to the owner. If filed, the notice of commencement would have contained “the name and address of the contractor.” § 713.13(l)(a)4, Fla.Stat....
...rvices or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)l. or abandonment, whichever shall occur first, [emphasis supplied] .§ 713.13 provides in pertinent part: 713.13 Notice of commencement.— (l)(a) An owner or his authorized agent before actually commencing to improve any real property, or recommencing completion of any improvement after default or abandonment, whether or not a project has a payment bond complying with s....
CopyPublished | Florida 5th District Court of Appeal | 1996 WL 714018
...3d DCA 1993). Rolling Hills' affirmative defenses are not to be considered on remand, since it was the breaching party and caused its own damages. Motion for Rehearing DENIED; Motion for Clarification GRANTED. GOSHORN and THOMPSON, JJ., concur. NOTES [1] § 713.13, Fla....
CopyPublished | District Court of Appeal of Florida | 1989 Fla. App. LEXIS 7320, 1989 WL 155660
...Hamilton conveyed fee-simple title to the McClures, and the warranty deed to that townhome was recorded February 22, 1988. The issue is whether the trial court erred in entering judgment on the pleadings for appellee based upon its interpretation of section 713.13(5), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 1978 Fla. App. LEXIS 16871
owners filed a notice of commencement pursuant to §
713.13, Fla. Stat. (1975). The trial judge dismissed
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 5670, 2011 WL 1496001
...They each prevailed against the Morrissettes. On January 8, 2010, a hearing was held on motions in both lawsuits to determine whether La-Salle or Blackton have the superior interest. The trial court determined that Independence’s notice of termination did not strictly comply with section 713.132, Florida Statutes (2006), and, as a result, had been ineffective to terminate the notice of commencement....
...6, 2007. We respectfully disagree with the trial court. We conclude that the notice of termination was effective to terminate the notice of commencement and, therefore, Blackton’s lien was inferior to the previously-recorded mortgages. Pursuant to section 713.13, the notice of commencement filed by Independence would be effective for one year unless terminated or extended....
...ractor’s affidavit (the contractor) is the' same entity as the recipient of the affidavit (the owner). We reject Blackton’s argument because it was not necessary for Independence to attach a contractor’s affidavit to its notice of termination. Section 713.132(1) provides that an owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination that contains: (a) The same information as the notice of commencement; (b...
...The owner is not required to serve a copy of the notice of termination on any lienor who has executed a waiver and release of lien upon final payment in accordance with s.
713.20. (Emphasis added). Independence’s notice of termination complied with this section. Blackton argues that section
713.132(2) required Independence to additionally attach a contractor’s affidavit....
...otice of termination was superfluous because Independence, as owner, had already averred in the notice of termination that all lienors had been fully paid. REVERSED and REMANDED. COHEN and JACOBUS, JJ., concur. . Under Blackton’s interpretation of section 713.132, a notice of termination executed by an entity that was both the owner and the contractor would be valid only if accompanied by contractor's affidavits executed by each and every subcontractor retained on the job....
