Florida/Georgia Personal Injury & Workers Compensation

Ill.Stat.Ann. ch. 38 § 19-1 (1977); Iowa Code § 713.1 (1981); La. Rev. Stat. Ann. § 14:60 (1974); Minn

did not define the term "prevailing party," see § 713.01, Fla. Stat. (2005), nor does a definition appear

Concrete Corporation, Fla. 1958, 103 So.2d 202. Section 713.01 of the Mechanics Lien Law supplies us with

materialmen to file mechanics' liens, under Section 713.01 et seq. of the Florida Statutes, in order to

purposes of the real estate license law; Fla. Stat., § 713.01(14), F.S.A. defines "real property" for the purposes

against property held by a political subdivision. § 713.01(14), Fla. Stat. (1979). However, Section 255.05(1)

JJ., concur. McDONALD, J., dissents. NOTES [1] § 713.01, Fla. Stat. (1989). [2] We note that the legislature

"contractor" stated in the mechanic's lien law, § 713.01(2), as follows: "(2) Contractor means a person

and includes "delivery" of such materials. F.S. § 713.01(6) F.S.A. Dura-Stress alleged in its complaint

$549,620 for purposes of the mechanics' lien law. § 713.01(3), Fla. Stat. (1985). To finance the construction

agreement is for present purposes "materials." See § 713.01(6), Fla. Stat. (1987). Appellant contends that

Mathis was the Iowa Code, which defines burglary in § 713.1 as “[a]ny person, having the intent to commit a

lienors who have duly served a notice to owner. Section 713.01(19), Florida Statutes. Since appellee's notice

Co. v. Buck, 594 So.2d 280, 281 (Fla. 1992). Section 713.01 defines both "commencement of the improvement"

notice provisions of the Mechanics' Lien Law, section 713.01, et seq., Florida Statutes (1981), because

...13.29 to Part I, “Construction Liens.” The statute does not say “under this Chapter,” which would mean that section 713.29 applies to all types of liens contained in Chapter 713, including possessory liens on personal property. Additionally, section 713.001, Florida Statutes (2012), entitled “Short title of part” (referring to Part I) states: “This part may be cited as the ‘Construction Lien Law.’ ” This is a clear statement by the legislature that “under this part” as used in section 713.29 is limited to construction liens....

corporation Warren, Jones & Warren, Inc." [2] Section 713.01(13) Fla. Stat., F.S.A. provides: "Perform or

any other person for improving real property. Section 713.01, Fla. Stat. (1981). Under subsection 713.01(3)

foreclose a mechanics' lien filed pursuant to § 713.01, et seq., F.S. 1973. The trial court determined

who is a "contractor" within the meaning of Section 713.01(2), Florida Statutes (1975), from furnishing

contract ... between the owner and any other person." § 713.01(4), Fla. Stat. (1987).

was not a laborer as defined by the statute. Section 713.01(9) defines "Laborer" as one who "personally

"contractor" are separately and distinctly defined by Section 713.01(2) and 713.01(12). Section 713.06(3), Florida

Inland. The "contract price" is defined in Section 713.01(3), Florida Statutes (1971). Paraphrased, it

filed pursuant to the mechanics' lien statute, Section 713.01-.36, Florida Statutes, 1975. In that case,

NOTES [1] "Contract price" is defined in section 713.01(3), Florida Statutes (1979), as meaning: The

cannot be secured against government owned land. § 713.01(14), Fla. Stat. (1983). Section 255.05(1) provides:

to attempt to prove an "extra" as defined in Section 713.01(5), Florida Statutes (1975). In order for Taylor

complaint on the ground that the Mechanics' Lien Act, § 713.01 et seq. Fla. Stat., F.S.A., does not afford a

owner of real property for improving it... ." § 713.01(2), Fla. Stat. (1979). In Leader Mortgage Co.

Jr., Associate Judge, concur. NOTES [1] See Section 713.01(3), Florida Statutes (1973) for the definition

"prerequisite to perfecting a lien." Additionally, section 713.01(19), Florida Statutes (1985), defines a "lienor

within the definition of "contractor" under Section 713.01(2), Florida Statutes (1975), and is also subject

property. Section 713.01(7), Florida Statutes (1987),[4] which defines "improve", and section 713.01(8), Florida

the bond is the equivalent of the language in section 713.01(6), Florida Statutes (1983), which defines

to a total not to exceed the contract price, section 713.01(3) defines "contract price" where no price

...on a quasi contract theory. Affirmed. DANAHY, A.C.J., and PATTERSON, J., concur. NOTES [1] Although it is still common to refer to such actions as "mechanics" lien cases, that term has not been used in chapter 713, Florida Statutes, since 1991. See § 713.001, Fla.Stat....

713.23 that a statutory bond cover lienors. See § 713.01(10), Fla. Stat. (1981). Affirmed. RYDER, C.J.

labor under a "properly authorized contract." § 713.01(9), Fla. Stat. (1981). The Mechanics' Lien Law

the direct contract .... (emphasis added). Section 713.01(5) defines a contract as "an agreement for

05(2). We reverse the final judgment. Because section 713.01(14), Florida statutes (1987), precludes claimants

part of such subcontractor's contract. See Section 713.01(17), Florida Statutes. For purposes of this

Suwannee County Mall project in accordance with Section 713.01, Florida Statutes. The trial court stated its

713.23 that a statutory bond cover lienors. See § 713.01(10), Fla. Stat. (1981). Id. at 1105 (citations

these facts, we would reject such a theory. See § 713.01(26), Fla. Stat. (1999) (defining "subcontractor"

implied in law. Commerce, 695 So.2d at 387. Section 713.01(5), Fla. Stat. (1997) of our mechanic's lien

laborer furnishes labor but not materials. See § 713.01(15), (19), Fla. Stat. A "subcontractor" is one

...discharges the claim of lien and lis pendens founded upon said claim of lien, and the matter is remanded for further proceedings consistent with this opinion. Petition granted; order quashed in part; remanded. DAVIS, C.J., and SLEET, J., Concur. . §§ 713.001-.37, Fla....

previous contract between the same parties." Fla.Stat. 713.01(10) (1995). The subcontract between Lathan

subcontractor, and subsubcontractor, we turn to section 713.01, Florida Statutes (1975): ... . (2) "Contractor"

to be protected by a section 255.05 bond. See § 713.01(16)(c); Duval Asphalt Prods., Inc. v. E. Vaughn

§ 713.06(1) (emphasis added); see also id. at § 713.01(a) (defining "direct contract"). In this case

well within the 45-day time frame. However, section 713.01(6) provides that to "furnish materials" means

appellant's lawn and cutting appellant's shrubbery. Section 713.01(8), Florida Statutes, requires that an improvement

available to satisfy appellant's claim of lien. See § 713.01(3), Fla. Stat. (1983); International Community

Ceco Corp., 242 So.2d 464 (Fla. 3d DCA 1970); § 713.01(3), Fla. Stat. (1985). The trial court's reliance

...Because the circuit court’s conclusion to the contrary contravenes clearly established law, we grant the petition for writ of cer-tiorari and quash the circuit court’s order. Petition granted; order quashed. CASANUEVA and CRENSHAW, JJ., Concur. . §§ 713.001-.37, Fla....

and was thus performing here as a contractor. Section 713.01(2) defines "contractor" as "a person other

perform his contract by or through another. Section 713.01(10) and (13); Warren v. Bill Ray Construction

comply with the statutory requirements. Under section 713.01(10), this protection is extended to "sub-subcontractors"

the initiation of a construction project. See § 713.01(4), Fla. Stat. (1993) (defining the "commencement

bond for protection on the work. [e.s] [2] Section 713.01(6), Florida Statutes (1985) provides that:

Venture, 940 So.2d 444, 453 (Fla. 5th DCA 2006). Section 713.01(15) of the Mechan*534ics’ Lien Statute defines

items which are incorporated into the improvement. § 713.01(6), (Fla. Stat. 1973). Except when the item is

done for the "permanent benefit" of the land. § 713.01(14), Florida Statutes (2001). Although planting

713. See also Chase, 399 So.2d at 58 n. 1. Section 713.01(8) defines “contractor” as a person other than

specified in it, as their designations are defined in § 713.01." § 713.06(1), Fla. Stat. (1998). Therefore, in

state-or local-governmentally-owned property. § 713.01(14), Fla.Stat. (1979). (Presently, by 1977 amendment

defines “lienor” to include successors in interest. § 713.01(10), Fla.Stat. (1983). Appellant’s complaint alleges

statute be listed on the notice of commencement. See § 713.01(7). One can foresee innumerable situations where

services or materials covered by the contract.” § 713.-01(3). By the contract with the architect he was

Section 713.02(4), F.S.A.1967. . Now F.S. Section 713.01(6), F.S.A.1967. .Nathman v. Chryey, Fla.App

in it, as their designations are defined in section 713.01. [[Image here]] (2)(a) All lienors under this

liens against the property pursuant to Fla. Stat. § 713.01-.37 (1984). . Rodgers actually filed three counterclaims

to “real property,” as defined in section 713.01(26). Section 713.01(26) defines “real property” as “the

includes one who “has a lien or prospective lien _” § 713.01(10), Fla. Stat. (1983). GDC’s interpleader action

violation of Florida's Construction Lien Law, Section 713.01, et seq., Florida Statutes (2009). ASW claims

, 416 So.2d 1271 (Fla. 5th DCA 1982). . See § 713.01(2), Fla.Stat. . City of Miami v. Perez, 509

Inc. is a contractor within the definition of section 713.01(2), Florida Statutes (1985). Appellant also

position is supported by the definition in section 713.01(9) itself and by such cases as Clutter Construction

the protections of the Mechanic’s Lien Law. Section 713.-01(11), Florida Statutes (1981), defines a materialman:

matter of law, Barber was not a “laborer.” See § 713.01(16), Fla. Stat. (2008) (defining “laborer”). As

v. Joyce, 451 So.2d 545 (Fla. 2d DCA 1984). Section 713.01(9), Florida Statutes (1989), defines a laborer

the installation” of the trusses. In enacting section 713.01(11), Florida Statutes (1985), the Florida legislature

distinguished between section 713.03(1) and section 713.01(2), Florida Statutes, and agreed that section

PER CURIAM. Affirmed. See Fla.Stat. § 713.01(7); Lovingood v. Butler Construction Co., 100 Fla. 1252

which is not actually improved to “architects.” Section 713.01(1), Florida Statutes, defines “architect” as

required by section 713.06(2)(a). Florida Statutes section 713.01(16) defines “lienor” as a contractor, subcontractor

“lien or prospective lien” (Florida Statutes § 713.-01(10), 1967, F.S.A.) was a lienor (§ 713.-02) who

Mechanics’ Lien Law. As the majority points out, section 713.-01(9), Florida Statutes (1989), defines a “laborer”

performs installation labor cannot be a materialman. § 713.01(11), Fla.Stat. (1981). Therefore, the court properly

extras under Florida’s construction lien law. Section 713.01(10) of the Florida Statute defines “extras”

(Fla. 4th DCA 1977). Affirmed. . Pursuant to § 713.01 et seq., Fla.Stat. (1977).

review denied, 668 So.2d 602 (Fla.1996). Compare § 713.01(19), Fla. Stat. (2003)(“ ‘Material-man’ means

Although not applicable in the present case, Section 713.01(7), Florida Statutes (1979), as amended by

appellees were not “la*400borers” as defined by section 713.01(9), Florida Statutes (1985), and that they

person or firm may be a “lienor” as defined in section 713.01(10),4 yet still not be a “person or firm who

requirement of the filing of the notice to owner. See Section 713.01(12), Florida Statutes, for definition of “owner

fabricated materials within the meaning of section 713.01(6), Florida Statutes (1989), sufficient to

lienor under Section 713.03. This is provided by Section 713.01(10) Florida Statutes (1981). I suggest that

defined in the Florida Construction Lien Law, section 713.01(14), Florida Statutes (1997), and therefore

materials had been incorporated into the project. See § 713.01(6), Fla. Stat. (1987). FECP filed a general denial

lessee of the equipment. Florida Statutes, Section 713.-01(6) specifically provides that with respect

s.] It is supported also by that portion of section 713.01(6)2 which provides that “[t]he delivery of

did not define the term "prevailing party," see § 713.01, Fla. Stat. (2005), nor does a definition appear

construction lien context, reading the definition in section 713.01(5), Florida Statutes: “a contract means an

255.05 should be read in pari mate-ria with section 713.01, the Mechanics’ Lien Law, the position rejected

implied, and includes extras or change orders.” § 713.01(6), Fla. Stat. (2022) (emphasis added).

other real property for its permanent benefit.” § 713.01(8), Fla.Stat. (1983) (emphasis added). “ ‘Contract

to the definition of the term contained in section 713.01(28), Florida Statutes (2010), with regards