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Mar 11, 2009 
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One of the most powerful tools contractors and homeowners have in construction projects is the power to pressure other parties (such as subcontractors) to waive their lien rights. |
What do a carpenter, a plumber, and a painter have in common? Well, probably lots of things, but all three may be able to place a lien on your home for work that they have performed. What’s more, you might not even have directly hired the carpenter or supervised the plumber’s work. You might leave that hiring and supervision to a general contractor. Even if you paid that general contractor in full, Florida’s Construction Lien statute may still allow subcontractors (such as the plumber hired by your general contractor) to place a lien on your home. If you don’t pay the subcontractor, the subcontractor can foreclose on your home.
Heather Howdeshell’s Note, Didn’t My General Contractor Pay You? Subcontractor Construction Liens in Residential Construction Projects,61 Fla. L. Rev. 151, proposes that Florida’s construction lien laws should provide greater protection to homeowners and evaluates how other states have provided homeowners with greater protection from construction liens. Finally, the Note concludes that the Florida Legislature should adopt laws exempting homeowners from subcontractor construction liens when the homeowner has paid the general contractor in full for the project. The Legislature should further consider providing a Fund (with mandatory contributions from construction contractors) that subcontractors may request payment from if the sub is not paid by general contractor. |
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Construction Lien Law, homeowners, Howdeshell, liens, real estate, subcontractor liens