If you need a construction lien prepared, please work with a construction counsel in doing so. Don’t use a service that’s going to charge you less but isn’t going to analyze the information or ask you questions based on the information you provide them to include in the lien. You are selling yourself short if you prepare a lien “down and dirty” or “half-assed”. Also, using construction counsel can allow you to assert, if you wanted, an advice of counsel defense in furtherance of defending against the invariable fraudulent lien claim.
In a recent case, a truss fabricator was hired by an owner to design, manufacture, and deliver trusses. The contract required the owner to pay 50% upon completion of the shop drawings. The shop drawings were prepared but the owner did not make payment. The truss fabricator then liened for the non-payment. The problem was that the property was not improved, i.e., there was no permanent benefit to the property:
Section 713.01(15), Florida Statutes….defines “improvement” as “any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit.” Here, no permanent benefit occurred upon the property in this case because the trusses were never delivered. Thus, appellee was not entitled to a lien on the property.
JM Properties of W. Palm Beach, Inc. v. Fort Dallas Truss Company, LLC, 51 Fla.L.Weekly D325a (Fla. 4th DCA 2026).
Interestingly, there was no discussion as to whether the trusses were fabricated. Probably not because the shop drawings were not paid for. But if they were, then there would be an argument they are specially fabricated, in which case they should be lienable, and should be identified in the lien as specially fabricated. But since there was no discussion, this was apparently a non-issue in the case.
Bottom line: make sure you understand what to include and not include in a lien.
Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.