Does a handyman performing repairs and improvements in excess of $2,500 which do not require a license have lien rights on the property?
I understand that florida law requires a contractor be licensed in order to lien property, but it does not require a license for material men or laborers to lien the property. Arguably, the handyman is a hybrid between the two. I would appreciate any insight on this issue.
My initial conclusion is that the handyman does not have lien rights but I'd like to gather your collective thoughts.
Sean A. Mickley, Esq.
Gould Cooksey Fennell, P.A.
979 Beachland Blvd.
Vero Beach, FL 32963
772-231-1100
If the scope of work doesn't require a state license but the handyman is doing work improving the property (e.g. Painting, carpet or tile install) the work would be lienable regardless of non-state licensure under Ch. 489.
Sent from my iPhone
On Jan 7, 2015, at 10:23 PM, Sean A. Mickley smickley@gouldcooksey.com wrote:
Does a handyman performing repairs and improvements in excess of $2,500 which do not require a license have lien rights on the property?
I understand that florida law requires a contractor be licensed in order to lien property, but it does not require a license for material men or laborers to lien the property. Arguably, the handyman is a hybrid between the two. I would appreciate any insight on this issue.
My initial conclusion is that the handyman does not have lien rights but I'd like to gather your collective thoughts.
Sean A. Mickley, Esq.
Gould Cooksey Fennell, P.A.
979 Beachland Blvd.
Vero Beach, FL 32963
772-231-1100
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I believe that either a state OR local license is required for such improvements, subject to the $1,000 "handyman" exemption found in s. 489.103(9); however, since the contract price exceeds this amount, that exemption is not applicable.
I suggest that the local licensing requirements be considered.
Fred R. Dudley, Partner
Board Certified Construction Lawyer
Dudley, Sellers & Healy, P. L.
SunTrust Financial Center, Suite 301
3522 Thomasville Road
Tallahassee, Florida 32308
Cell: (850) 294-3471
Direct: (850)692-6368
dudley@mylicenselaw.com
-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Wednesday, January 07, 2015 11:00 PM
To: Sean A. Mickley
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Right?:
If the scope of work doesn't require a state license but the handyman is doing work improving the property (e.g. Painting, carpet or tile install) the work would be lienable regardless of non-state licensure under Ch. 489.
Sent from my iPhone
On Jan 7, 2015, at 10:23 PM, Sean A. Mickley smickley@gouldcooksey.com wrote:
Does a handyman performing repairs and improvements in excess of $2,500 which do not require a license have lien rights on the property?
I understand that florida law requires a contractor be licensed in order to lien property, but it does not require a license for material men or laborers to lien the property. Arguably, the handyman is a hybrid between the two. I would appreciate any insight on this issue.
My initial conclusion is that the handyman does not have lien rights but I'd like to gather your collective thoughts.
Sean A. Mickley, Esq.
Gould Cooksey Fennell, P.A.
979 Beachland Blvd.
Vero Beach, FL 32963
772-231-1100
CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion
This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com
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