Florida Statutes
Fla. Stat. § 713.05 (2025)
Liens of persons in privity.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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713.05 Liens of persons in privity.—A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, subject 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 and for unpaid finance charges due under the lienor’s contract. A materialman or laborer, in privity with the owner, or a contractor shall also have a lien on the owner’s real property for any money that is owed to him or her for labor, services, or materials furnished to improve public property if the improvements to the public property are a condition of the permit to improve the owner’s real property. No lien under this section shall be acquired until a claim of lien is recorded. A lienor who, as a subcontractor, sub-subcontractor, laborer, or materialman not in privity with the owner, commences to furnish labor, services, or material to an improvement and who thereafter becomes in privity with the owner shall have a lien for any money that is owed to him or her for the labor, services, or materials furnished after he or she becomes in privity with the owner. A lienor may record one claim of lien to cover both his or her work done in privity with the owner and not in privity with the owner. No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2). A lienor, except a laborer or materialman, who is in privity with the owner and claims a lien under this section shall furnish the contractor’s affidavit required in s. 713.06(3)(d). A contractor may claim a lien for any labor, services, or materials furnished by another lienor for which he or she is obligated to pay the lienor, regardless of the right of the lienor to claim a lien; but, if the lienor claims a valid lien, the contractor shall not recover the amount of the lien recovered by the lienor, and the amount of the contractor’s claim of lien may be reduced accordingly by court order. No person shall have a lien under this section except those lienors specified in it, as their designations are defined in s. 713.01.
History.—s. 1, ch. 63-135; s. 3, ch. 65-456; s. 2, ch. 67-210; s. 35, ch. 67-254; s. 4, ch. 77-353; s. 3, ch. 80-97; s. 1, ch. 96-383; s. 1763, ch. 97-102.
Note.—Former s. 84.051.
Notes of Decisions
Cited in 56
cases (4 in the last 5 years), 1974–2025 · leading case: Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992).
Aetna Cas. & Sur. Co. v. Buck, 594 So. 2d 280 (Fla. 1992). “See § 713.05, Fla. Stat. (1987). [1] Privity, however, is not defined in the statute.”
Miller Const. Co. v. First Indus. Tech. Corp., 576 So. 2d 748 (Fla. 3d DCA 1991). “" § 713.05, Fla. Stat. (1987) (emphasis added).”
Am. Fire & Cas. Co. v. Davis Water & Waste Ind., Inc., 358 So. 2d 225 (Fla. 4th DCA 1978). “04 applies to subdivision improvement lienors, § 713.05 deals with lienors in privity, and § 713.”
Thompson v. Jared Kane Co., Inc., 872 So. 2d 356 (Fla. 2d DCA 2004). “The claim of lien was filed pursuant to section 713.05, Florida Statutes (1997), which allows for the creation of a lien where the lienor is in privity with the owner.”
Symons Corp. v. Tartan-Lavers Delray Beach, 456 So. 2d 1254 (Fla. 4th DCA 1984). “See § 713.05, Fla. Stat. (1983). Furthermore, Symons' position runs afoul of the cardinal rule that the mechanics' lien statute must be construed strictly.”
Parsons v. Whitaker Plumbing of Boca Raton, Inc., 751 So. 2d 655 (Fla. 4th DCA 1999). “The court never reached the issue presented here: whether the trial court may enter a subsequent, amended final judgment of foreclosure for attorney's fees after a defendant has exercised a right of redemption as to the original final judgment, which liquidated principal and…”
Coquina, Ltd. v. Nicholson Cabinet Co., 509 So. 2d 1344 (Fla. 1st DCA 1987). “Section 713.05, Florida Statutes (1985), provides, in pertinent part, "A lienor .”
Plaza Builders, Inc. v. Regis, 502 So. 2d 918 (Fla. 2d DCA 1986). “Regis, relying on section 713.05, argues that the trial court should have set off ,387.”
Martin v. Jack Yanks Const. Co., 650 So. 2d 120 (Fla. 3d DCA 1995). “Section 713.05, Florida Statutes (1993) states in part: [A] contractor who complies with the provisions of this part shall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him for labor, services, materials, or other…”
Ruocco v. Brinker, 380 F. Supp. 432 (S.D. Fla. 1974). “F.S. § 713.05, F.S.A. and F.S. § 713.-07(2), F.”
R & L Constr., Inc. v. Cullen, 557 So. 2d 931 (Fla. 5th DCA 1990). “Section 713.05 relating to liens of mechanic lienors in privity provides in part that: .”
Hodusa Corp. v. Abray Const. Co., 546 So. 2d 1099 (Fla. 2d DCA 1989). “06, entitled "Liens of persons not in privity; proper payments." Hence, at first blush it would seem that no part of section 713.”
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