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

...party's costs, as allowed in equitable actions. (Emphases added.) Although the Legislature expressly defined several terms within the Construction Lien Law in a section *1199 entitled "Definitions," it did not define the term "prevailing party," see § 713.01, Fla....

...However, the Florida Supreme Court has seen fit to consider the Mechanics Lien Statute to be in pari materia to the Workmen's Compensation Act, to the extent that an understanding of one may aid in the interpretation of the other. Goldstein v. Acme Concrete Corporation, Fla. 1958, 103 So.2d 202. Section 713.01 of the Mechanics Lien Law supplies us with the definition of subcontractor: "(16) Subcontractor means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such con...

...te, Leek advised its subcontractors and materialmen that it had not been paid on the project, and under its agreements it could not pay its subcontractors and materialmen. Leek urged the subcontractors and materialmen to file mechanics' liens, under Section 713.01 et seq....

...Property § 2, p. 152. For example, Fla. Stat., § 421.03(12), F.S.A. defines "real property" for the purposes of the housing authorities law; Fla. Stat., § 475.01(11), F.S.A. defines "real property" for the purposes of the real estate license law; Fla. Stat., § 713.01(14), F.S.A....

...G). At issue is whether Major has alleged sufficient compliance with certain statutory notice provisions to entitle it to recover against the contractor and surety. A mechanics lien cannot be secured against property held by a political subdivision. § 713.01(14), Fla....

...surety insurer authorized to do business in this state as surety. Such bond shall be conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons who are defined in s. 713.01, whose claims derive directly or indirectly from the prosecution of the work provided for in the contract....

...Accordingly, we approve the decision in Moretrench and quash the district court's decision below. We remand this case for proceedings consistent with this opinion. It is so ordered. BARKETT, C.J., and OVERTON, SHAW, GRIMES and KOGAN, JJ., concur. McDONALD, J., dissents. NOTES [1] § 713.01, Fla....

..." (Emphasis supplied.) The fact that Alton Towers is a property owner who has also done its own contracting does not alter the rule of § 713.06 limiting the owner's liability to the contract price fixed in the direct contract. Alton Towers does not fit the definition of "contractor" stated in the mechanic's lien law, § 713.01(2), as follows: "(2) Contractor means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as above defined the entire remaining work under such contract." *674 Alton is the "owner" as defined in § 713.01(12), [5] however, and this status takes precedence under the act....

...ials were "delivered" to the site of the bonded construction. This contention is without merit. Under the Florida Mechanics' Lien Law, "furnishing" materials to the site of the improvement contemplates and includes "delivery" of such materials. F.S. § 713.01(6) F.S.A....

...After an early amendment to the contract, the contract price was $519,000. In March 1987, the Zalezniks and Monarch executed a change order for $30,620. As a result of this change order, the "contract price" of the home became $549,620 for purposes of the mechanics' lien law. § 713.01(3), Fla....

...), Florida Statutes (1987). That section provides in relevant part that such notice shall be delivered "within 90 days... after complete delivery of materials... ." Equipment provided under a rental agreement is for present purposes "materials." See § 713.01(6), Fla....

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

...Even though appellee's notice was given prior to the making of certain progress payments under the primary direct contract, it is not entitled to participate since the term "lienor giving notice" is specifically defined as those lienors who have duly served a notice to owner. Section 713.01(19), Florida Statutes....

...t be presented to the trial court evidence establishing that the materials were actually delivered to the project. See Beautyware Plumbing Supply Co. v. Columbiad Apartments, *565 Inc., 215 So.2d 42 (Fla. 4th DCA 1968). The presumption recognized in Section 713.01(6), Florida Statutes, relating to the incorporation of materials in the improvement project does not come into operation until after evidence sufficient to establish that such materials have been delivered to the site has been presented....

...riod begins to run. In reaching this conclusion, we are guided by principles of statutory construction. Mechanic's lien law is a creature of statute and must be strictly construed. Aetna Casualty and Sur. Co. v. Buck, 594 So.2d 280, 281 (Fla. 1992). Section 713.01 defines both "commencement of the improvement" and "improvement." [3] When read together, these two definitions suggest that the legislature intended commencement to begin when services or materials are furnished at the job *626 site b...

...The court reasoned that because the materials were only for use in a particular project, "no actual delivery of the materials to the job site is required." Oolite, 501 So.2d at 656. The trees selected by the Stunkels were not specially fabricated because they could be used in other projects. [3] Sections 713.01(3) and (11), Florida Statutes (1991), provide: (3) "Commencement of the improvement" means the time of filing for record of the notice of commencement provided in s....

...05(2). [2] On appeal, Blosam seeks reversal of the trial court's determination on the ground that the notice was defective. Specifically, Blosam asserts that the notice failed to strictly comply with the notice provisions of the Mechanics' Lien Law, section 713.01, et seq., Florida Statutes (1981), because the mailing was not addressed to an officer, director, managing agent, or business agent of Blosam....

liens on personal property. Additionally, section 713.001, Florida Statutes (2012), entitled “Short title

...Inc., and they may have been paid out of an account in the name of Warren, Jones & Warren, Inc., as this job was performed during a transition period from the partnership of Warren, Jones & Warren to the corporation Warren, Jones & Warren, Inc." [2] Section 713.01(13) Fla....

...r labor, services, materials, or other items required by, or furnished in accordance with, the direct contract. Section 713.05, Fla. Stat. (1981). The "direct contract" is the agreement between owner and any other person for improving real property. Section 713.01, Fla. Stat. (1981). Under subsection 713.01(3) "contract price" is the amount agreed upon by the contracting parties for performing all labor and services and furnishing all materials covered by their contract and shall be increased or diminished by the price of extras or change...

...ral times removed from privity with an owner by intervening subcontractors. Final summary judgment was entered herein against the plaintiff-appellant, technically a sub-sub-subcontractor in its action to foreclose a mechanics' lien filed pursuant to § 713.01, et seq., F.S....

...[10] Section 84.022(4), F.S. 1963, now § 713.02 (4), F.S. 1975. [11] This conclusion was buttressed by the fact that the term "sub-subcontractor" has been continously retained within the definitions section of statutes since 1963, § 84.011(17), F.S. 1963, now § 713.01(17), F.S....

...ot the affidavit required by 713.06(3)(d) (which used to be found in 84.04(3), Florida Statutes (1959)). The fact that the owner is also acting as his own general contractor does not excuse a lien claimant who is a "contractor" within the meaning of Section 713.01(2), Florida Statutes (1975), from furnishing the affidavit required by Section 713.06(3)(d), Florida Statutes (1975)....

...Accordingly, the order on motion for summary judgment dismissing appellant's claim of lien is reversed, and the cause is remanded for further proceedings. BOOTH and BARFIELD, JJ., concur. NOTES [1] A "direct contract" for purposes of a mechanic's lien is "a contract ... between the owner and any other person." § 713.01(4), Fla....

...ssess attorneys' fees. We reverse. Goodwin's failure to give notice to the owners within 45 days of beginning work, as required by Section 713.06(2)(a), bars his claim for a valid mechanic's lien. Goodwin was not a laborer as defined by the statute. Section 713.01(9) defines "Laborer" as one who "personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others." Goodwin testified that it was part of his oral contract for him to supply fuel for all the tractors at his own expense and to supply his own tractor for use on the job. Section 713.01(6) defines "Furnish materials" to include furnishing supply materials used for construction but not remaining in the improvement, and supplying machinery to the extent of the reasonable rental value....

...The trial court awarded Goodwin but $3,625 of his claim, and the implication may be that Goodwin is entitled *219 to half a loaf because he was half a laborer. We cannot accede to such a division of his contract. Goodwin was not a laborer but a subcontractor, defined in Section 713.01(16) as "a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor's contract." Goodwin's failure to serve notice on the owner precluded any valid claim to a statutory mechanic's lien....

...aise. We recognize that this is a cogent and rational argument but find that it must fail in view of the proper construction of Part I, Chapter 713, Florida Statutes (1977). The terms "owner" and "contractor" are separately and distinctly defined by Section 713.01(2) and 713.01(12)....

...ed by the contractor, subcontractor or an employee of either of them. Aristar's cost of completion claim is more difficult. As owner, Aristar was obligated to pay the contract price to the prime contractor, Inland. The "contract price" is defined in Section 713.01(3), Florida Statutes (1971)....

...We are not unmindful of our own decision in Hey Kiley Man, Inc. v. Azalea Gardens Apartments, 333 So.2d 48 (Fla.2d DCA 1976), but distinguish that case in this proceeding. Hey Kiley Man, Inc. was an action to foreclose a mechanics' lien filed pursuant to the mechanics' lien statute, Section 713.01-.36, Florida Statutes, 1975....

...Payments reasonably necessary to complete the work, if made as required under chapter 713, Florida Statutes, are proper payments. We REVERSE and REMAND for entry of judgment for appellant. COBB and COWART, JJ., concur. NOTES [1] "Contract price" is defined in section 713.01(3), Florida Statutes (1979), as meaning: The amount agreed upon by the contracting parties for performing all labor and services and furnishings all materials covered by their contract and shall be increased or diminished by the price...

...Accordingly, we reverse the final judgment and remand for proceedings consistent herewith. GRIMES, A.C.J., and CAMPBELL, J., concur. NOTES [1] The right of action allowed by section 255.05(1) is the legislative alternative to a mechanics lien, which cannot be secured against government owned land. § 713.01(14), Fla....

...d with a surety insurer authorized to do business in this state as surety. Such bond shall be conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 whose claims derive directly or indirectly from the prosecution of the work provided for in the contract....

...the building. Initially Taylor agreed to build the office building for $242,000 including the finishing of the exterior, 12,000 square feet, for $1.00 per square foot. At trial the court permitted Taylor to attempt to prove an "extra" as defined in Section 713.01(5), Florida Statutes (1975)....

...Appellant, a sub-subcontractor, brought suit against the appellees to foreclose a mechanics' lien against the appellees' property for labor and materials furnished in the construction of an apartment house. Defendants-appellees moved to have the trial court dismiss the complaint on the ground that the Mechanics' Lien Act, § 713.01 et seq....

...The sole point on appeal is whether the Mechanics' Lien Act of Florida, supra, affords a lien to a sub-subcontractor. Since we are called upon to determine the Legislature's intent as to a statute, our attention must focus not only on the presently effective statute, § 713.01 et seq....

...g the owner's property who are not in direct privity with him. Moreover, the definition section of all the foregoing statutes have continued to include "sub-subcontractor" in their terminologies. Compare: § 84.011(17) Fla. Stat. F.S.A. (1963); and, § 713.01(17) Fla....

...him. Hoenstine's argument is without merit. Under the Mechanic's Lien Law, a "contractor" is defined in relevant part as: "A person other than a materialman or laborer who enters into a contract with the owner of real property for improving it... ." § 713.01(2), Fla....

...ontractors within the definition of that term as contained in the Mechanics' Lien Law. Id. at 563. See also Atlantic Gardens (fact that owner is also acting as his own general contractor does not excuse claimant who is "contractor" within meaning of section 713.01(2) from furnishing affidavit)....

...uch as placing holding tanks below the area to be padded, leveling and packing the dirt in the area and supplying some materials to Hoenstine to build forms that were to be used. However, this did not alter Hoenstine's status as a "contractor" under section 713.01(2), since the contract between Sowers and Hoenstine was of the type that could have involved the use of sub-contractors....

...Accordingly, there remained in Tamarac's hands improperly paid portions of the adjusted contract price sufficient to satisfy appellee's lien. For the foregoing reasons the judgment appealed from is affirmed. AFFIRMED. ALDERMAN, J., and DURANT, N. JOSEPH, Jr., Associate Judge, concur. NOTES [1] See Section 713.01(3), Florida Statutes (1973) for the definition of "contract price".

...We conclude that failure to serve a copy of the notice to owner on the contractor, as required under section 713.06(2)(a), bars a potential lienor's claim because of the statutory provision that such service is a "prerequisite to perfecting a lien." Additionally, section 713.01(19), Florida Statutes (1985), defines a "lienor giving notice" as "any lienor, except a contractor, who has duly and timely served a notice to the owner and, if required, to the contractor and subcontractor as provided, in s....

...We recognize that the form of printed contract used by the parties identified the appellee as the "subcontractor" and the owner as the "general contractor;" however, notwithstanding this adaptation, the appellee falls within the definition of "contractor" under Section 713.01(2), Florida Statutes (1975), and is also subject to the provisions of Section 713.06(3), supra....

...(1987) (person may not practice architecture unless he is a registered architect). Second, section 713.03(1) requires that the real property be improved. Miller argues that using the drawings for the purpose of obtaining financing improves the real property. Section 713.01(7), Florida Statutes (1987), [4] which defines "improve", and section 713.01(8), Florida Statutes (1987), [5] which defines improvement, indicate that the sole act of furnishing drawings does not improve real property....

...[3] FIT claims that it never agreed to the Part 2 Agreement. However, Miller alleges that Bob Davis, as an agent of FIT, agreed to the agreement. FIT alleges that it did not know that Miller did any work beyond the Part 1 Agreement until it received the final plans which were immediately returned. [4] Section 713.01(7) provides as follows: (7) "Improve" means build, erect, place, make alter, remove, repair, or demolish any improvement over, upon, connected with, or beneath the surface of real property, or excavate any land, or furnish materials fo...

...terials in grading, seeding, sodding, or planting for landscaping purposes, including the furnishing of trees, shrubs, bushes, or plants that are planted on the real property, or in equipping any improvement with fixtures or permanent apparatus. [5] Section 713.01(8) provides as follows: (8) "`Improvement' means any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its per...

...It is true that the bond in this case contained language limiting its coverage to "all labor and materials used or reasonably required for use in the performance of the contract." INA argues that this language of the bond is the equivalent of the language in section 713.01(6), Florida Statutes (1983), which defines "furnished materials," for purposes of enforcing a mechanic's lien under chapter 713, as including "tools, appliances, or machinery used on the particular improvement to the extent of the reas...

...Consequently, we find no *703 support in the sparse record before us for the trial court's conclusion that only $3,880 of the original contract price remains unpaid. While section 713.06(1) limits liens to a total not to exceed the contract price, section 713.01(3) defines "contract price" where no price is agreed upon, as meaning "the value of all labor, services, or materials covered by their contract......

chapter 713, Florida Statutes, since 1991. See § 713.001, Fla.Stat. (1991); ch. 90-109, § 1, Laws of Fla

...y, supra ) is of no moment. The bond provided no more expanded coverage than a statutory bond. Furthermore, the bond's definition of a claimant appears no more expansive than the requirement of section 713.23 that a statutory bond cover lienors. See § 713.01(10), Fla....

...contract" as is statutorily required and *146 that, therefore, the appellants were not entitled to place a lien on the property. The statutory definition of a "laborer" is that the "laborer" must perform labor under a "properly authorized contract." § 713.01(9), Fla. Stat. (1981). The Mechanics' Lien Law does not define the phrase "properly authorized contract." Section 713.01(1), Florida Statutes (1981), however, defines the term "contract" as "an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders as herein defined." The complaint does not a...

...nstallation of fire sprinklers to Omni; and second, a collective bargaining agreement entered into by the union, to which agreement Omni allegedly became bound. Neither of these two contracts comes within the statutory definition of "contract" under Section 713.01(1), nor can they be the "properly authorized contract" referred to in Section 713.01(9), Florida Statutes (1981)....

...ect contract... ." The language evinces the legislative intent of requiring a specific contractual relationship between laborers and a lienor on the project. Neither of the contracts alleged in the complaint is a "properly authorized contract" under Section 713.01(9)....

...the employees of Omni are a party thereto. The collective bargaining agreement, which sets forth conditions for employment of union members, is not a "properly authorized contract" because it is not "an agreement for improving real property" within Section 713.01(1)....

...PEARSON, Judge, concurring in part; dissenting in part. I would hold that a subcontractor's employees who worked on the installation of a fire sprinkler system on certain real property but were not paid the wages due to them are "laborers" as that term is defined by Section 713.01(9), Florida Statutes (1981), and thus entitled to claim liens on the property....

...lent. I would reverse the order of dismissal as to the individual plaintiffs (Roy Citty, Jr., Burton Mears and Hershall Mears) who have filed liens for wages due; as to all other plaintiffs, I agree that the order under review should be affirmed. I. Section 713.01(9), Florida Statutes (1981), provides: "`Laborer' means any person ... who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor services of others." It seems clear from the plain language of Section 713.01(9) that the plaintiff-workers who, it is alleged, personally performed labor on the site of the improvement, are to that extent laborers within the statutory definition....

...The statute does not define "properly authorized contract." A "contract" is defined in the statute as "an agreement for *148 improving real property, written or unwritten, express or implied, and includes extras or change orders as herein defined." § 713.01(1), Fla....

...or furnish materials for any of these purposes, or perform any labor or services upon the improvements, including ... [performing] any labor or services or furnish any materials in ... equipping any improvement with fixtures or permanent apparatus." § 713.01(7), Fla. Stat. (1981). "Improvement" is defined as "any building ... or any part thereof existing, built ... on land or other real property for its permanent benefit." § 713.01(8), Fla....

...me one for the improvement of the property or at least must have authorized, requested, knowingly permitted or consented to such improvement.'" 99 P.2d at 207. B. I next address the appellees' argument that the employees are not laborers within *149 Section 713.01(9) because they "furnish ......

...ooking to the Mechanics' Lien Law. Section 713.06(1), Florida Statutes (1981), provides that a laborer's lien shall be "for any money that is owed him for labor... furnished in accordance with his contract and with the direct contract." According to Section 713.01(3), the contract price with respect to labor is "the amount agreed upon by the contracting parties for performing all labor," and if no price is agreed upon, "this term shall mean the value of all labor" performed....

...ct to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract .... (emphasis added). Section 713.01(5) defines a contract as "an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders." A contract under the mechanics' lien law requires an agreement....

...e trial court entered final judgment in its favor. After due deliberation, we hold that the ninety-day notice furnished to Harvesters and its surety did not comply with notice requirements of section 255.05(2). We reverse the final judgment. Because section 713.01(14), Florida statutes (1987), precludes claimants from obtaining liens on public property, section 255.05(1) provides a claimant who is not in privity with the general contractor on a public construction project a right of action against the contractor and its surety for unpaid materials or labor....

...because all agreements between Olson and Paxson were oral is without merit. Furthermore, by definition, a sub-subcontractor is one who enters into a contract with a subcontractor for the performance of any part of such subcontractor's contract. See Section 713.01(17), Florida Statutes....

...The testimony reveals that no materials were ever delivered by Coley to or in the State of Florida. No witness testified as to personal knowledge of delivery to or the incorporation of any of the materials for which payment was sought in the Suwannee County Mall project in accordance with Section 713.01, Florida Statutes....

...ng that the materials were delivered to the improvement project or that the materials were specially fabricated for incorporation therein. See Beautyware Plumbing Sup. Co. v. Columbiad Apts., Inc., 215 So.2d 42 (Fla. 4th DCA 1968). The provisions of Section 713.01(6), Florida Statutes, relating to the incorporation of materials in the improvement project does not come into operation until first there has been evidence to establish that such materials have been delivered to the site....

...fuel .. .) is of no moment. The bond provided no more expanded coverage than a statutory bond. Furthermore, the bond's definition of a claimant appears no more expansive than the requirement of section 713.23 that a statutory bond cover lienors. See § 713.01(10), Fla....

...t for *242 any activity requiring licensure under this part, and who may perform any work requiring licensure under this part"). Humana does not advance an argument that Kone is a subcontractor and, on these facts, we would reject such a theory. See § 713.01(26), Fla....

...Kone is simply a party to an elevator maintenance agreement. Had the Legislature intended this statute to apply to all contracts concerning real property, it could have simply included the term "contractor" in the statute. See, e.g., §§ 489.105(3), 713.01(7), Fla....

...t because the count was labeled quantum meruit. Quantum meruit means "as much as he has deserved." Black's Law Dictionary (7th Ed.). The term has been used in Florida for contracts both implied in fact and implied in law. Commerce, 695 So.2d at 387. Section 713.01(5), Fla....

...3)-(4), Fla. Stat. (2006). These classes of persons, including "materialman," "laborer," and "subcontractor" are defined by chapter 713. A materialman is one who furnishes materials but not labor, and a laborer furnishes labor but not materials. See § 713.01(15), (19), Fla. Stat. A "subcontractor" is one who is contractually obligated to perform a specific part of the contractor's contract, i.e., labor, services, or the furnishing of materials in accordance with the specifications of the primary contract. See § 713.01(27), Fla. Stat.; see also § 713.06(1). Moreover, to "furnish materials" means to "supply materials which are incorporated in the improvement . . .; or specially fabricated materials for incorporation in the improvement." § 713.01(12), Fla....

...Brady Sales, Inc., 380 So.2d 1095, 1096 (Fla. 5th DCA 1980); Beautyware Plumbing Supply Co. v. Columbiad Apartments, Inc., 215 So.2d 42, 44 (Fla. 4th DCA 1968). Chapter 713, though, expressly exempts from its scope property owned by the state and its subdivisions. See § 713.01(22), Fla....

...Chapter 255 requires that those who contract with the state or its subdivisions for work on a public project must provide a payment and performance bond. See § 255.05(1)(a), Fla. Stat. Section 255.05(1)(a) requires that the bond be "conditioned upon the contractor's . . . promptly making payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract." Chapter 255 does not contain a definitions section. The question, then, is whether section 255.05's reference to the "persons defined in s. 713.01" also incorporates into chapter 255 chapter 713's "specially fabricated" materials exception to the "incorporation" requirement....

...While American accurately cites the holdings in those cases, none directly considered the question of "specially fabricated" materials and all were decided prior to section 255.05's 1977 amendment, which established potential lienors under the public project payment bond law as "all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract." This, then, leaves us with the language of the statute: "Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract." § 255.05(1)(a), Fla. Stat, (emphasis added). Subcontractors are persons defined in section 713.01 and may perform labor and services or furnish materials. See §§ 713.01(27), 713.06(1), Fla. Stat. And, under section 713.01(12), "furnish materials" means either to supply materials that are incorporated into the improvement or to supply "specially fabricated" materials....

...S.T. Wicole Constr. Corp. of Fla., Inc., 677 So.2d 909, 911 (Fla. 4th DCA 1996) (quoting Trinity Indus., Inc., 661 So.2d at 944). To interpret section 255.05(1) in such a manner as to include and protect claimants who could qualify as lienors under section 713.01 without also utilizing the ancillary definitions which define the parameters of their status would be unreasonable....

...ct was entered into by PFI Construction. Thus, Mr. Maggirias contends that Premier Finishes is not a party to the contract, is not the “contractor,” and, consequently, is not the proper “lienor” under Florida’s Construction Lien Law. 1 See § 713.01(8), (18), Fla....

...s pendens based upon the determination that a contract between Premier Finishes and the Owner was not sufficiently “alleged” or “proven.” Thus, as an introductory matter we must consider whether Premier Finishes is the contractor, defined by section 713.01(8) as the one who contracts with the owner for the purpose of improving real property, such that it is the proper lienor and may be entitled to enforce the claim of lien. See § 713.01(18)(a) (defining “lienor” as a contractor); see also § 713.05 (explaining that a contractor, as defined in section 713.01(8), who conforms with certain requirements shall have a lien based upon the contract)....

...act is the actual party to the contract, see Worm World, 917 So.2d at 275 . Thus, if Premier Finishes was the real entity using the fictitious name when entering into the contract, it is the actual party to the contract or the contractor pursuant to section 713.01(8) and is entitled to proceed with a claim of lien against the Owner....

...Florida law defines a change order as "labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties." Fla.Stat. 713.01(10) (1995)....

...project. See Revere v. Shell Chemical, Inc., 376 So.2d 1214 (Fla.3d DCA 1979). For the foregoing reasons, the decision of the trial court is affirmed. NOTES [1] For definitions of the terms contractor, subcontractor, and subsubcontractor, we turn to section 713.01, Florida Statutes (1975): ......

...cover under the payment bonds for future amounts due it as a sub-subcontractor under its contract with Sovereign. However, a sub-subcontractor is statutorily prohibited from waiving in advance its rights under a section 255.05 bond. See §§ 255.05, 713.01(16)(c), Fla....

...y and must contain a description of the project sufficient to identify it. Such bond shall be conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 whose claims derive directly or indirectly from the prosecution of the work provided for in the contract....

..."Historically, the purpose of this section is to protect subcontractors and suppliers by providing them with an alternative remedy to mechanic's liens on public projects." Id. Sub-subcontractors are statutorily included within the class of those required to be protected by a section 255.05 bond. See § 713.01(16)(c); Duval Asphalt Prods., Inc....

...led to a lien, it is necessary that the materials—the generator—be "furnished in accordance with [the supplier's] contract and with the direct contract [between the homeowner and Strickland]. ..." Id. § 713.06(1) (emphasis added); see also id. at § 713.01(a) (defining "direct contract")....

...The *124 anomaly here is that after making the second progress payment, the balance owing on the original contract with Strickland was $9,100 but because of the substitution of the Onan generator, the homeowner was owed a credit of $9,219. This meant that there was nothing left in the original contract price. See § 713.01(6), Fla....

...ppeal that the 45 days allowed by section 716.06(2)(a) did not commence to run until the first delivery of materials by appellant to the on-job site on November 16, making the December 23 "notice to owner" well within the 45-day time frame. However, section 713.01(6) provides that to "furnish materials" means to supply materials which are incorporated in the improvements....

...s in the improvement." Contrary to *729 appellant's contention, however, that provision does not establish that delivery of materials to the job site is the only act that may be classified as furnishing materials under section 713.06(2)(a). Clearly, section 713.01(6) and 713.06(2)(a) establish that the furnishing of any materials which are incorporated in the improvement commences the running of the 45-day time period....

...r 713, Florida Statutes. We agree. The relevant sections of Chapter 713 include: 713.05 Liens of persons in privity. — ... No person shall have a lien under this section except those lienors specified *73 in it, as their designations are defined in s. 713.01. 713.01 Definitions....

...(8) "Improvement" means any ... landscaping ... done on land or other real property for its permanent benefit. [Emphasis added.] The record before us demonstrates only that appellee performed services consisting of mowing appellant's lawn and cutting appellant's shrubbery. Section 713.01(8), Florida Statutes, requires that an improvement, in order to support a mechanic's lien, must result in a permanent benefit to the land or other real property....

...Since all payments to the general contractor were prior to the recording of appellant's claim of lien, they must be considered proper payments. When those payments are added to the amounts necessary to complete the contract, there were no funds remaining available to satisfy appellant's claim of lien. See § 713.01(3), Fla....

...We hold that a surety on a payment bond, issued pursuant to Section 255.05(1)(a), Florida Statutes (1985), in connection with a public construction project, may raise the defense of negligent performance by a subcontractor on the project. Compare Sharpe v. Ceco Corp., 242 So.2d 464 (Fla. 3d DCA 1970); § 713.01(3), Fla....

...” Id. (citing Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 198 (Fla.2007)). As indicated previously, section 713.22(1) requires that the action to enforce the lien be filed in a “court.” The definition section of the Construction Lien Law, section 713.01, does not define court....

...required by section 713.06(3). The fallacy with that position is that while appellee may be a professional engineer, in this case he contracted to enlarge and improve a KOA campground owned by appellant, and was thus performing here as a contractor. Section 713.01(2) defines "contractor" as "a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it......

...Whether Moody performed work on the original contract either in a corporate or other business capacity makes no difference so long as he is a qualified lienor. Under the Mechanics' Lien Law a contractor or subcontractor may perform his contract by or through another. Section 713.01(10) and (13); Warren v....

...se revisions were meant to remedy procedural defects which had led to "hidden liens" being placed against owners by persons not in privity, without notice to the owner. Id at 477. The current concept of "lienors" in the mechanics' lien law, sections 713.01-713.37, Florida Statutes (1989), has carried forward and refined the legislative intent to protect those who provide labor or services or furnish materials constituting part of an improvement of real property, whether or not they are in privity with the owner, so long as they comply with the statutory requirements. Under section 713.01(10), this protection is extended to "sub-subcontractors" and materialmen supplying "sub-subcontractors." The bonding provisions for construction of public buildings, chapter 255, Florida Statutes, have developed in parallel with the mechanics' lien law....

...(1975). In 1977, the statutory language was changed to require execution of a bond "conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons who are defined in s. 713.01, whose claims derive directly *1046 or indirectly from the prosecution of the work provided for in the contract." The 1977 version of section 713.01 defined "contractor," "laborer," "materialman," "subcontractor," and "subsubcontractor." The language of the 1989 statute is substantially the same as the 1977 version, providing for a bond "conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 whose claims derive directly or indirectly from the prosecution of the work provided for in the contract." Under section 713.01(10), Florida Statutes (1989), "lienor" includes the following: contractors; subcontractors; sub-subcontractors; laborers; materialmen who contract with the owner, a contractor, a subcontractor or a sub-subcontractor; and professional lienors under section 713.03....

...In 1985, however, section 255.05(1) was renumbered 255.05(1)(a) and subsection (b) was added. The new subsection, which directed the Department of General Services to adopt rules for handling retainage in contracts of $200,000 or less, referenced only "laborers, materialmen, and subcontractors, as defined in section 713.01." There are two possible interpretations of this amendment: either the legislature intended to omit all other claimants as defined in the preceding subsection (a) from the effect of the retainage rules, or else it intended to include all claimants under subsection (a) and unintentionally created the ambiguity....

...iens, thereby preventing double payments to a contractor and subcontractor, material supplier, or laborer for the same services or materials. See id. (citations omitted). A notice of commencement signals the initiation of a construction project. See § 713.01(4), Fla....

...f $21,046.37. The amended final judgment as modified by this court be and the same is hereby affirmed. Affirmed as modified. HUBBART, J., concurs. SCHWARTZ, Chief Judge (dissenting). I think it no less than obvious that sections 713.23(1)(d) [1] and 713.01(6), [2] Florida *657 Statutes (1985) are properly read to provide a special fabricator with an alternative as to the 45 day notice: the period runs either from commencing work on the materials, or from their actual incorporation into the improvement....

...o furnish labor, materials, or supplies, a lienor who is not in privity with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor's bond for protection on the work. [e.s] [2] Section 713.01(6), Florida Statutes (1985) provides that: `Furnish materials' means supply materials which are incorporated in the improvement including normal wastage in construction operations; or specially fabricated materials for incorporation in...

...roperty.” WMS Constr., Inc. v. Palm Springs Mile Assocs., Ltd., 762 So.2d 973, 974-75 (Fla. 3d DCA 2000) (emphasis added); see also Prof'l Plastering & Stucco, Inc. v. Bridgeport-Strasberg Joint Venture, 940 So.2d 444, 453 (Fla. 5th DCA 2006). Section 713.01(15) of the Mechan *534 ics’ Lien Statute defines an “improvement” to mean “any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, m...

...egedly delivered by appellee were in fact delivered or incorporated in the subject real property. Materialmen are entitled to perfect a mechanic's lien against the property "improved" to recover for items which are incorporated into the improvement. § 713.01(6), (Fla....

...lity charges. Palm Coast contends that because its building contract required it to pay for these items it could properly include them in its lien. Our lien law defines "improvement" as something that is done for the "permanent benefit" of the land. § 713.01(14), Florida Statutes (2001)....

...ases to mean the same thing. In a broad sense then, the chapters were in pan materia so that definitions for some of the terms utilized in the Worker’s Compensation Statutes could be borrowed from Chapter 713. See also Chase, 399 So.2d at 58 n. 1. Section 713.01(8) defines “contractor” as a person other than a materialman or laborer who enters into a contract with an owner of real property for improving it, or who takes over from a contractor the remaining work under the contract. Even assuming for the purpose of this analysis that Adams Homes is a contractor within the definition found within section 713.01(18), an issue in serious doubt because it was the owner of the property on which the accident occurred, 2 we conclude that the position of Adams Homes is without merit. Under section 713.01(20) “materialman” means any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement and who performs no labor in the installation thereof. Finally, under section 713.01(28), a “subcontractor” means a person other than a materialman or laborer who enters *615 into a contract with a contractor for the performance of any part of such contractor’s contract....

...rdance with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor's contract. "No person may have a lien under this section except those lienors specified in it, as their designations are defined in § 713.01." § 713.06(1), Fla. Stat. (1998). Therefore, in order to have a lien under the 1998 version of Chapter 713, a plaintiff must meet the definition of materialman, laborer, subcontractor, or sub-subcontractor as defined in § 713.01. Both parties agree that under these facts, the determining factor is whether a temporary help firm falls within the definition of subcontractor. § 713.01(26), Fla....

...(1998) (Construction Lien Law, Chapter 713, Part I "shall not be subject to a rule of liberal construction in favor of any person to whom it applies"). [1] In 2001, the legislature addressed this situation and amended the definition of subcontractor under § 713.01 to include "a temporary help firm as defined in *1242 § 443.101." § 713.01(27), Fla.Stat....

...At the time of contracting, the definition of subcontractor was: (26) "Subcontractor" means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor's contract, including the removal of solid waste from the real property. § 713.01(26), Fla....

...When South Florida failed to fully pay National for its services, National sought recourse to the bond executed by Progress and Travelers. Such a bond, statutorily required for all state or local public works projects, § 255.05, Fla.Stat. (1979), serves much the same purpose as the Mechanics’ Lien Law, Sections 713.01-36, Florida Statutes, 1979, which is itself expressly inapplicable to projects on state-or local-governmentally-owned property. § 713.01(14), Fla.Stat....

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

...rve both of its purposes as set forth in Symons Corp., 456 So.2d at 1259 . Moreover, there is no requirement that every person or entity who might meet the definition of “contractor” under the statute be listed on the notice of commencement. See § 713.01(7)....

...The lien statute defines “direct contract” to be “a contract as herein defined between the owner and any other person” [§ 713.-01(4) Fla.Stat., F.S.A.], Contract is defined in the statute as “an agreement for improving real property, written or unwritten, express or implied." [§ 713.01(1)]....

...man, since there is no evidence to clearly establish that the plumbing contractor did specially fabricate any of the materials. But Cf. Surf Properties v. Markowitz Bros., Fla.1954, 75 So.2d 298 . . Now F.S. Section 713.02(4), F.S.A.1967. . Now F.S. Section 713.01(6), F.S.A.1967....

...Additionally, the court found that Skilled Services held a lien for $83,286.69 against VL Orlando on the Ramada Plaza Resort. A date for a foreclosure sale was set. As a result, VL Orlando appealed. VL Orlando contends that pursuant to sections 713.06 and 713.01, Skilled Services, as a labor pool, does not meet the statutory definition of laborer....

...ce with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor’s contract.... No person may have a lien under this section except those lienors specified in it, as their designations are defined in section 713.01....

...th the lienor’s name and address.... A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting the lien under this Chapter and recording the claim of lien.... Sections 713.01(14) and (22), read in pertinent part: (14) “Laborer” means any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the...

...constituting a part of an improvement under the direct contract of another person shall have rights to a lien on real property as provided in section 713.06. Skilled Services argues that whether it can file and foreclose a lien turns on whether it falls within the term “others” as utilized by subsection 713.01(14)....

...ant financial resources, such action is taken in order to lessen the risk to the [FDIC] posed by such insured bank under such threat of instability. . These nine materialmen had asserted mechanics’ liens against the property pursuant to Fla. Stat. § 713.01 -.37 (1984)....

...section 713.05, which states that a “contractor who complies with the provisions of this part shall . . . have a lien on the real property improved . . . .” WHA argues that according to these statutory provisions, lien rights can only extend to “real property,” as defined in section 713.01(26). Section 713.01(26) defines “real property” as “the land that is improved and the improvements thereon, including fixtures, except any such property owned 5 by the state or any county, municipality, sch...

...It asserts that attorney’s fees are available only when the interpleader involves a “dispute between lienors,” a lienor being one who has filed a claim of lien. Appellee ignores the statutory definition of lienor which includes one who “has a lien or prospective lien _” § 713.01(10), Fla....

...Ellis cannot discharge the $38,800 that C & J owed ASW, pursuant to 11 U.S.C. § 523(a)(2) or (6). ASW argues that Mr. Ellis engaged in a pattern of issuing a series of false affidavits to the homeowners to induce their payments, in violation of Florida's Construction Lien Law, Section 713.01, et seq., Florida Statutes (2009)....

...r employees under § 440.10(1), Fla.Stat., with the attendant duty to provide workers’ compensation and with the attendant immunity from suit by such employees? See, e.g., Lingold v. Transamerica Ins. Co., 416 So.2d 1271 (Fla. 5th DCA 1982). . See § 713.01(2), Fla.Stat....

...ng that there were no subcontractors involved, and that the contract called for Bishop Signs to supply the labor and material, excuses its lack of compliance with the mechanic’s lien law. Bishop Signs, Inc. is a contractor within the definition of section 713.01(2), Florida Statutes (1985)....

...ich precluded summary judgment. We reject both contentions and affirm. The essence of appellant’s argument is that since the materials were not specially fabricated for this job, nor were they incorporated into the project, as required by sections 713.01(14)(e) and 713.01(9), Florida Statutes (1989), attorney’s fees are not recoverable under section 627.428 Florida Statutes (1989). This position is supported by the definition in section 713.01(9) itself and by such cases as Clutter Construction Corp....

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

...Stat. It was undisputed that Barber did not serve the notice required by section 713.06(2)(a). The trial court thus entered final summary judgment in favor of the property owner upon finding that, as a matter of law, Barber was not a “laborer.” See § 713.01(16), Fla....

...The definition of "laborer" contained in the Mechanics' Lien Law is instructive in determining whether appellant was a "laborer" and thus, exempt from the notice requirement of section 255.05(2), Florida Statutes. See Blosam Contractors, Inc. v. Joyce, 451 So.2d 545 (Fla. 2d DCA 1984). Section 713.01(9), Florida Statutes (1989), defines a laborer as: [A]ny person other than an architect, landscape architect, engineer, land surveyor, and the like who, under properly authorized contract, personally performs on the site of the improve...

...abor, but equipment and supplies. In seeking compensation for materials and in furnishing the labor service of others, appellant "departed from the special protection afforded laborers." Morgan v. Goodwin, 355 So.2d 217, 218 (Fla. 1st DCA 1978); see § 713.01(9), Fla....

...Moreover, it is clear that appellant's work at the project was that of a "sub-subcontractor." The Mechanics' Lien Law defines sub-subcontractor as "a person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor's contract." § 713.01(17), Fla....

...ubcontract with Linbeck, the general contractor on the project. There being no genuine issue of material fact, appellant's claim that it was a laborer, and thus, exempt from the statutory notice requirement, fails as a matter of law. §§ 255.05(2), 713.01(9), Fla....

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

...t appellant has not justified its failure to comply with the requirements of the regulatory statute. Further, in response to this court's request for supplemental argument, appellant and appellee correctly distinguished between section 713.03(1) and section 713.01(2), Florida Statutes, and agreed that section 713.03(1) is limited to circumstances where property has been improved, so is not applicable to the facts of this case, whereas section 713.03(2) applies when the lienor is an architect who has a direct contract with the property owner....

...In the event the parties are unable to stipulate in good faith as to issues remaining, each party should file separate memoranda and a preliminary pretrial conference will be scheduled. [2] Chapter 713, Part I, Mechanic's Liens, provides in pertinent part: 713.01 Definitions....

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

...al persons it should amend the statute accordingly. With respect to the judgment’s denial of the lien claim, subpart (2) of section 713.03 specifically limits the right to claim a hen on property which is not actually improved to “architects.” Section 713.01(1), Florida Statutes, defines “architect” as a person or firm authorized to practice architecture pursuant to chapter 481 or a general contractor who provides architectural services under a design-build contract authorized by s....

...Our review of chapter 713, however, shows that the term “lienor” is not so limited as Craftsman contends. A review of the entire chapter leads to the conclusion that one may be a “lienor” under that chapter without giving the notice required by section 713.06(2)(a). Florida Statutes section 713.01(16) defines “lienor” as a contractor, subcontractor or laborer who “has a hen or prospective hen upon real property under this part....” In addition, the legislature has defined “henor giving notice” as “any henor ... who has duly and timely served a notice to the owner....” § 713.01(17), Fla.Stat....

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

...1 We reverse. The corporation was a subcontractor to a general contractor, to supply structural work on a house up to the tie beam, and was to be paid for its services by draw, on a thirty day basis, for work as satisfactorily completed. According to Section 713.01(9), Florida Statutes (1989) a “laborer” has been defined as: “(9) ‘Laborer’ means any person other than an architect, landscape architect, engineer, land surveyor, and the like who, under properly authorized contract, persona...

...Arabi’s pleadings seem to allege a single contract to furnish and erect a modular condominium unit and to furnish certain accessories. As such, Arabi would constitute a contractor under the Mechanics’ Lien Law, because one who performs installation labor cannot be a materialman. § 713.01(11), Fla.Stat....

...hitlock has a valid perfected mechanics’ lien against its property for the $3,799.54 portion of Whitlock’s $15,905.54 Claim of Lien, the Trustee nevertheless contends these charges are not lienable extras under Florida’s construction lien law. Section 713.01(10) of the Florida Statute defines “extras” as “labor, services or materials for improving real property authorized by the owner and added to or deleted from labor, services or materials covered by a previous contract between the same parties.” Fla. Stat. § 713.01 (10) (1996)....

...We, therefore, hold that the court properly held that the defense of “no funds” was not sufficient to bar the enforcement of the plaintiff’s claim. See Tamarac Village, Inc. v. Bates & Daly Co., 348 So.2d 23 (Fla. 4th DCA 1977). Affirmed. . Pursuant to § 713.01 et seq., Fla.Stat....

...3d DCA 1997), review denied, 700 So.2d 687 (Fla.1997); Broward County v. Rodrigues, 686 So.2d 774 (Fla. 4th DCA 1997), cause dismissed, 690 So.2d 1300 (Fla.1997); Delta Air Lines, Inc. v. Cunningham, 658 So.2d 556 (Fla. 3d DCA 1995), review denied, 668 So.2d 602 (Fla.1996). Compare § 713.01(19), Fla....

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

...Following a hearing on the parties’ respective motions, the trial court entered a final summary judgment in favor of the appellees against Ru-tenberg-Sarasota. This timely appeal followed. Rutenberg-Sarasota’s sole contention on appeal is that the appellees were not “la *400 borers” as defined by section 713.01(9), Florida Statutes (1985), and that they, therefore, lacked standing to recover in an action brought under the mechanics’ lien law. We disagree with this argument and affirm the trial court’s implicit finding that the appellees were laborers as defined by section 713.01(9). Section 713.01(9) provides that a laborer is “any person other than an architect, landscape architect, engineer, land survey- or, and the like who, under a properly authorized contract, personally performs on the site of the improvement labor or se...

...e that this definition requires that a laborer perform under a “properly authorized contract” as opposed to a “direct contract.” Under the Florida Mechanics’ Lien Law, a contract is an express or implied agreement to improve real property. § 713.01(1), Fla.Stat. (1985). A direct contract is an express or implied agreement for improving real property between the owner and any other person. §§ 713.01(1) and 713.01(4), Fla.Stat....

...laced. The court in Sprinkler Fitters held that a collective bargaining agreement, which provided for the terms of employment of union members, was not a properly authorized contract because it was not an agreement for improving real property within section 713.01(1)....

...Thus, the labor performed by the appellees at the Fairway Woods project was performed under a properly authorized contract, even though the appellees did not have a direct contract with Rutenberg-Sarasota. The ap-pellees were, therefore, laborers as defined in section 713.01(9)....

...does not serve the purposes of a contractor’s affidavit. Climatrol Corp. aside, appellees submit that the reason why the word “lienors” must be used in a contractor’s affidavit is because a person or firm may be a “lienor” as defined in section 713.01(10), 4 yet still not be a “person or firm who furnished material, labor, and/or services.” They illustrate that a sub-subcontractor, a “lienor” under section 713.01(10)(c), could sub out his work to a sub-sub-subcontractor, one not included within the statutory definition of “lienor,” 5 and the sub-subcontractor would still be a lienor, notwithstanding the fact that the sub-sub-subcontractor a...

...rded. Hence, with the exception of the court’s initial order dismissing appellant’s original complaint without prejudice under the authority of Climatrol Corp. v. Kent, 370 So.2d 394 (Fla. 3d DCA 1979), the court’s reasoning is not apparent. . Section 713.01(10), Fla.Stat....

...btor. Of course, we are bound by our supreme court’s interpretation in Julian E. Johnson & Sons v. Balboa Insurance Co., 408 So.2d 1044, 1046, n. 4 (Fla.1981), that these words refer to the lienor.) . See note 2. . Examine the last sentence of § 713.01(10).

...d interest at the time the lien attached, thereafter acquired the fee interest. We, therefore, need not decide whether the holder of a leasehold interest is an "owner” within the meaning of the requirement of the filing of the notice to owner. See Section 713.01(12), Florida Statutes, for definition of “owner." Of course, in a situation where the mechanic’s lien is asserted against a lessor and the lienor’s contract was with the lessee, a notice to owner (lessor) is required....

...tion as a kiosk, there was no testimony that it would have been acceptable for use in a "like improvement" such as another mall. The court concluded that the construction of the kiosk consisted of specially fabricated materials within the meaning of section 713.01(6), Florida Statutes (1989), sufficient to impress a lien against the mall realty....

..." which the statute defines as: any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made or done on land or other real property for its permanent benefit (emphasis added). § 713.01(8), Fla....

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

...The parties filed cross motions for summary judgment. The hearing on these motions was held on November 17, 1998. After argument, the trial court announced in open court that it found that appellant was not a “laborer” as defined in the Florida Construction Lien Law, section 713.01(14), Florida Statutes (1997), and therefore, intended to grant a final summary judgment to appellees and deny appellant’s motion for summary judgment....

...Moore fell behind on its payments and eventually abandoned the job, leaving an unpaid balance at Coastal of $21,833.19. Coastal filed a mechanic's lien action against FECP, as the owner of the real property, and against the surety. Coastal pled that its materials had been incorporated into the project. See § 713.01(6), Fla....

...materials did not make that a practical option. Instead, Coastal relied on the statutory provision that "[t]he delivery of materials to the site of the improvement shall be prima facie evidence of incorporation of such materials in the improvement." § 713.01(6), Fla....

...It is apparent that if the work is an addition to the fee that it must, for the purpose of the mechanics’ lien law, be considered an improvement thereon. We adopt the Third District’s concept of “improvement”, under the mechanic’s lien law (Section 713.01(8)) as above stated....

...In our view, this result is compelled by a common sense reading of the statutory language which pegs the commencement of the period at the point of “beginning to furnish labor, materials, or supplies....” [e.s.] It is supported also by that portion of section 713.01(6) 2 which provides that “[t]he delivery of materials to the site of the improvement shall be prima facie evidence of incorporation of such materials in the improvement.” On the other hand, we think that Essex’s reliance on that portion of section 713.01(6) which refers to the supplying of machinery “to the extent of the reasonable rental value for the period of actual use” is misplaced; this portion of the admittedly difficult subsection appears, however murkily, to refer to the a...

...for the improvement of the real property identified as.(property description) . owned by . (owner’s name and address) .under an order given by . and that the undersigned will look to the contractor’s bond for protection on the work. .(Lienor’s signature and address). . 713.01....

...iling party's costs, as allowed in equitable actions. (Emphases added.) Although the Legislature expressly defined several terms within the Construction Lien Law in a section entitled "Definitions," it did not define the term "prevailing party," see § 713.01, Fla....

...Schipani’s only remaining affirmative defenses at that point were duress and failure of consideration. In Seagraves’ opening argument during this bench trial, Seagraves defined the term “contract” in the construction lien context, reading the definition in section 713.01(5), Florida Statutes: “a contract means an agreement for improving real property, written or unwritten, express or implied.” Seagraves went on to argue that the contract was a “very express, authorized, clear contract, but even i...

...The threshold question presented, then, is whether section 255.05, Florida Statutes is facially ambiguous. The relevant portions of the statute state: Such bond shall be conditioned that the contractor perform the contract in the time and manner prescribed in the contract and promptly make payments to all persons defined in s.713.01 whose claims derive directly or indirectly from the prosecution of the work provided for in the contract....

...Miller v. Knob Construction Company, 368 So.2d 891 (Fla. 2d DCA 1979) at 893, citing Winchester v. State, 134 So.2d 826 (Fla. 2d DCA 1962). In Miller , therefore, if only in dicta, the court suggests that section 255.05 should be read in pari mate-ria with section 713.01, the Mechanics’ Lien Law, the position rejected by the Mor-etrench court as unnecessary because of the clarity of section 255.05....

...f material” (e.s.), as well as the incongruity of the result under an opposing rationale, we conclude that in the case of rental contracts the term “materials” is sufficiently ambiguous to permit our consideration of the greater specificity in section 713.01(6), Florida Statutes, which states clearly that “materials” in its analogous context: includes supplying tools, appliances, or machinery ......

...5 § 713.30, Fla. Stat. (2022) (emphasis added). Further, the Construction Lien Law defines “contract” as “an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders.” § 713.01(6), Fla....

...713.05 [relating to liens of persons in privity].” An “improvement” means “any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit.” § 713.01(8), Fla.Stat. (1983) (emphasis added). “ ‘Contract price’ means the amount agreed upon by the contracting parties for performing all labor and services and furnishing all materials covered by their contract_” § 713.01(3), Fla.Stat....

...The subcontractor’s own gross negligence was not the major contributing cause of the injury.[4] § 440.10(1)(e), Fla. Stat. (2004) (emphasis added). The term “subcontractor” is not defined in the worker’s compensation statute. Appellants assert we should look to the definition of the term contained in section 713.01(28), Florida Statutes (2010), with regards to mechanic’s liens....

...We may assume that in both chapters they intended certain exact words or exact phrases to mean the same thing. In a broad sense the chapters are in pari materia[] and should, to the extent that an understanding of one may aid in the interpretation of the other, be read and considered together.”). Section 713.01(28) defines “subcontractor” as: a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor’s contract . . . . § 713.01(28), Fla....

...4 When the legislature re-enacted horizontal immunity, it also created an exception to horizontal immunity. 4 statute, it is necessary to consider the definitions of “materialman” and “contractor” under the same statute. Section 713.01(20) defines “materialman” as: any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof. § 713.01(20), Fla. Stat. (2010) (emphasis added). Section 713.01(8) defines “contractor” as: a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it . . . § 713.01(8), Fla....

...dustries and D&D Welding were merely for equipment rental and not for the 6 The requirement for horizontal immunity that a contractor or subcontractor sublet part of its work to another is consistent with the definition of “subcontractor” under section 713.01(28), to the extent that section defines a subcontractor as “a person ....