Good afternoon and please excuse the interruption,
I am inquiring regarding lien rights for a "handyman." More specifically,
if an individual performs work that does not require a license (painting,
carpet, cabinetry, etc.) is that individual entitled to record a claim of
lien for the value of those services? If so, would that lien fall under
713.05 if that individual is in contractual privity with the owner of the
property?
Thanking you all, in advance, for your assistance. Your time is appreciated.
Kind regards,
Michelle L. Rivera, Esq.
Attorney
law_firm_beneath-lt_blu 22
Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100
mailto:gtwlaw@ymail.com Michelle@WCLfirm.com
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Yes, he or she would have lien rights. If he/she doesn’t supply materials, he/she would be a laborer. If he/she also supplies materials, he/she would be a contractor. See 713.01(8), (16) and (18). If in privity with the owner, then 713.05 is your statute.
Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
1 East Broward Blvd., Suite 1800 | Fort Lauderdale, FL 33301
Tel: 954.985.4147 | Fax: 954.985.4176 | E-Mailmailto:lweintraub@bplegal.com
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Michelle L. Rivera
Sent: Monday, November 20, 2017 3:12 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] "Handyman"
Good afternoon and please excuse the interruption,
I am inquiring regarding lien rights for a “handyman.” More specifically, if an individual performs work that does not require a license (painting, carpet, cabinetry, etc.) is that individual entitled to record a claim of lien for the value of those services? If so, would that lien fall under 713.05 if that individual is in contractual privity with the owner of the property?
Thanking you all, in advance, for your assistance. Your time is appreciated.
Kind regards,
Michelle L. Rivera, Esq.
Attorney
[law_firm_beneath-lt_blu 22]
Williams Law Firm
2273 Lee Road, Suite 200
Winter Park, Florida 32789
Telephone: 407-926-4100
Michelle@WCLfirm.commailto:gtwlaw@ymail.com
www.WCLFirm.comhttp://www.WilliamsConstructionLaw.com
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This email message including attachments, if any, is intended for the use of the individual or entity named above and may contain attorney-client confidential and/or privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is strictly prohibited. If you have received this email message in error, please contact the sender by reply email and destroy all copies of the original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax advice ("Circular 230"), we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service. If this advice is or is intended to be used or referred to in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement, the regulations under Circular 230 require that we advise you as follows: (1) this writing is not intended or written to be used, and it cannot be used, for the purpose of avoiding tax penalties that may be imposed on a taxpayer; (2) the advice was written to support the promotion or marketing of the transaction(s) or matter(s) addressed by the written advice; and (3) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.