Sometimes it is good to review the basics. For instance, with Florida’s Construction Lien Act, it is easy to remember that alienor may obtain a lien for any unpaid “contract price” related to the permanent improvement of privately owned real estate. But what does the law consider to comprise that category of permanent improvements? The list includes most services used to improve a property and most identifiable materials incorporated into a project whether the work was performed pursuant to a written contract or an oral agreement. (See §§ 713.04, 713.05, 713.06 and 713.08 Fla.Stat. )
The term “improvement” includes construction, placement, repair or alteration over, beneath, upon or connected with the real property. But it also includes activities that are destructive such as any demolition or removal of existing structures and may even include restitution of property after a flood or fire.
The Act excludes certain work; however, just because of the status of the owner or the lack of identifying materials with a location. Thus, government owned property is exempt from liens and so are liens for materials sold to a contractor in bulk without specification for a particular job site. Extra work which is not acknowledged by written change order and made a part of the contract has been held to not be lienable; however, updated statutory language now provides that the “contract price” includes “extras” or amounts attributable to changes in the scope of work authorized by the Owner. (§713.01(5) Fla.Stat. )