Lien Right?:

SA
Sean A. Mickley
Thu, Jan 8, 2015 3:07 AM

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

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
GM
Gibbons, Michael
Thu, Jan 8, 2015 3:47 AM

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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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
FD
Fred Dudley
Thu, Jan 8, 2015 12:52 PM

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

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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 _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion