Be Careful What You Include in Your Lien
Contractors, subcontractors and suppliers typically purchase tools to be used on construction projects. In fact, contractors may order construction materials and handtools from the same supplier. In defining “furnish materials” to a construction project for purposes of recording a lien to secure amounts due and owing, §713.01, Fla. Stat. states that this “does not include supplying handtools”.
If you are a lienor on a construction project, the Owner’s attorney may scrutinize your invoices to show that you liened, at least in part, for handtools and argue to the court that your lien is fraudulent for including non-lienable items. One Florida Court stated that, “Except when the item is specially fabricated, or constitutes normal wastage in the course of construction, or is used in building the improvement, such as tools or equipment, the materials furnished by the lienor must be shown to have been actually incorporated into the improvement.” So while you may be able to lien for items that are normally used up during the construction, such as drill bits or saw blades, the handtools themselves should not be included in the lien. Be careful when preparing your lien not to include non-lienable items. If you have any questions about what items can and cannot be included in your lien, consult your attorney.
This Article is for general information purposes only and is not to be considered as legal advice.