Florida Statute 713.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 713
LIENS, GENERALLY

View Entire Chapter

F.S. 713.06

713.06 Liens of persons not in privity; proper payments.—

(1) A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that is owed to him or her for labor, services, or materials furnished in accordance with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor’s contract. A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, also has a lien on the owner’s real property for labor, services, or materials furnished to improve public property if the improvement of the public property is furnished in accordance with his or her contract and with the direct contract. The total amount of all liens allowed under this part for furnishing labor, services, or material covered by any certain direct contract must not exceed the amount of the contract price fixed by the direct contract except as provided in subsection (3). No person may have a lien under this section except those lienors specified in it, as their designations are defined in s. 713.01.

(2)(a) All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner setting forth the lienor’s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished. A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor must serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor shall serve the notice to owner on the subcontractor if the materialman knows the name and address of the subcontractor. The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1. The notice must be served regardless of the method of payments by the owner, whether proper or improper, and does not give to the lienor serving the notice any priority over other lienors in the same category; and the failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person. The serving of the notice does not dispense with recording the claim of lien. The notice is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them.

(b) If the owner, in his or her notice of commencement, has designated a person in addition to himself or herself to receive a copy of such lienor’s notice, as provided in s. 713.13(1)(b), the lienor shall serve a copy of his or her notice on the person so designated. The failure by the lienor to serve such copy, however, does not invalidate an otherwise valid lien.

(c) The notice may be in substantially the following form and must include the information and the warning contained in the following form:

WARNING! FLORIDA’S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL.

UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.

NOTICE TO OWNER

To (Owner’s name and address)

The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows:

(General description of services or materials) for the improvement of the real property identified as (property description) under an order given by .

Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes.

IMPORTANT INFORMATION FOR
YOUR PROTECTION

Under Florida’s laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.

If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.

PROTECT YOURSELF:

—RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid.

—LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Business and Professional Regulation.

(Lienor’s Signature)

(Lienor’s Name)

(Lienor’s Address)

Copies to: (Those persons listed in Section 713.06(2)(a) and (b), Florida Statutes)

The form may be combined with a notice to contractor given under s. 255.05 or s. 713.23 and, if so, may be entitled “NOTICE TO OWNER/NOTICE TO CONTRACTOR.”

(d) A notice to an owner served on a lender must be in writing, must be served in accordance with s. 713.18, and shall be addressed to the persons designated, if any, and to the place and address designated in the notice of commencement. Any lender who, after receiving a notice provided under this subsection, pays a contractor on behalf of the owner for an improvement shall make proper payments as provided in paragraph (3)(c) as to each such notice received by the lender. The failure of a lender to comply with this paragraph renders the lender liable to the owner for all damages sustained by the owner as a result of that failure. This paragraph does not give any person other than an owner a claim or right of action against a lender for the failure of the lender to comply with this paragraph. Further, this paragraph does not prohibit a lender from disbursing construction funds at any time directly to the owner, in which event the lender has no obligation to make proper payments under this paragraph.

(e) A lienor, in the absence of a recorded notice of commencement, may rely on the information contained in the building permit application to serve the notice prescribed in paragraphs (a), (b), and (c).

(f) If a lienor has substantially complied with the provisions of paragraphs (a), (b), and (c), errors or omissions do not prevent the enforcement of a claim against a person who has not been adversely affected by such omission or error. However, a lienor must strictly comply with the time requirements of paragraph (a).

(3) The owner may make proper payments on the direct contract as to lienors under this section, in the following manner:

(a) If the description of the property in the notice prescribed by s. 713.13 is incorrect and the error adversely affects any lienor, payments made on the direct contract shall be held improperly paid to that lienor; but this does not apply to clerical errors when the description listed covers the property where the improvements are.

(b) The owner may pay to any laborers the whole or any part of the amounts that shall then be due and payable to them respectively for labor or services performed by them and covered by the direct contract, and shall deduct the same from the balance due the contractor under a direct contract.

1. The owner shall pay or cause to be paid, within the limitations imposed by subparagraph 2., the sum then due to each lienor giving notice prior to the time of the payment. The owner may require, and, in such event, the contractor shall furnish as a prerequisite to requiring payment to himself or herself, an affidavit as prescribed in subparagraph (d)1., on any payment made, or to be made, on a direct contract, but the furnishing of the affidavit shall not relieve the owner of his or her responsibility to pay or cause to be paid all lienors giving notice. The owner shall be under no obligation to any lienor, except laborers, from whom he or she has not received a notice to owner at the time of making a payment.

2. When the payment due is insufficient to pay all bills of lienors giving notice, the owner shall prorate the amount then due under the direct contract among the lienors giving notice pro rata in the manner prescribed in subsection (4). Lienors receiving money shall execute partial releases, as provided in s. 713.20(2), to the extent of the payment received.

3. If any affidavit permitted hereunder recites any outstanding bills for labor, services, or materials, the owner may pay the bills in full direct to the person or firm to which they are due if the balance due on the direct contract at the time the affidavit is given is sufficient to pay the bills and shall deduct the amounts so paid from the balance of payment due the contractor. This subparagraph shall not create any obligation of the owner to pay any person who is not a lienor giving notice.

4. No person furnishing labor or material, or both, who is required to serve a notice under paragraph (2)(a) and who did not serve the notice and whose time for service has expired shall be entitled to be paid by the owner because he or she is listed in an affidavit furnished by the contractor under subparagraph (c)1.

5. If the contract is terminated before completion, the contractor shall comply with subparagraph (d)1.

(d) When the final payment under a direct contract becomes due the contractor:

1. The contractor shall give to the owner a final payment affidavit stating, if that be the fact, that all lienors under his or her direct contract who have timely served a notice to owner on the owner and the contractor have been paid in full or, if the fact be otherwise, showing the name of each such lienor who has not been paid in full and the amount due or to become due each for labor, services, or materials furnished. The affidavit must be in substantially the following form:

CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

State of Florida
County of

Before me, the undersigned authority, personally appeared (name of affiant) , who, after being first duly sworn, deposes and says of his or her personal knowledge the following:

1. He or she is the (title of affiant) , of (name of contractor’s business) , which does business in the State of Florida, hereinafter referred to as the “Contractor.”

2. Contractor, pursuant to a contract with (name of owner) , hereinafter referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract.

3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $ .

4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors:

NAME OF LIENOR AMOUNT DUE

Signed, sealed, and delivered this day of , ,

By (name of affiant)

(title of affiant)

(name of contractor’s business)

Sworn to and subscribed before me this day of by (name of affiant) , who is personally known to me or produced as identification, and did take an oath.

(name of notary public)

Notary Public

My Commission Expires:

(date of expiration of commission)

The contractor shall have no lien or right of action against the owner for labor, services, or materials furnished under the direct contract while in default for not giving the owner the affidavit; however, the negligent inclusion or omission of any information in the affidavit which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien. The contractor shall execute the affidavit and deliver it to the owner at least 5 days before instituting an action as a prerequisite to the institution of any action to enforce his or her lien under this chapter, even if the final payment has not become due because the contract is terminated for a reason other than completion and regardless of whether the contractor has any lienors working under him or her or not.

2. If the contractor’s affidavit required in this subsection recites any outstanding bills for labor, services, or materials, the owner may, after giving the contractor at least 10 days’ written notice, pay such bills in full direct to the person or firm to which they are due, if the balance due on a direct contract at the time the affidavit is given is sufficient to pay them and lienors giving notice, and shall deduct the amounts so paid from the balance due the contractor. Lienors listed in said affidavit not giving notice, whose 45-day notice time has not expired, shall be paid in full or pro rata, as appropriate, from any balance then remaining due the contractor; but no lienor whose notice time has expired shall be paid by the owner or by any other person except the person with whom that lienor has a contract.

3. If the balance due is not sufficient to pay in full all lienors listed in the affidavit and entitled to payment from the owner under this part and other lienors giving notice, the owner shall pay no money to anyone until such time as the contractor has furnished him or her with the difference; however, if the contractor fails to furnish the difference within 10 days from delivery of the affidavit or notice from the owner to the contractor to furnish the affidavit, the owner shall determine the amount due each lienor and shall disburse to them the amounts due from him or her on a direct contract in accordance with the procedure established by subsection (4).

4. The owner shall have the right to rely on the contractor’s affidavit given under this paragraph in making the final payment, unless there are lienors giving notice who are not listed in the affidavit. If there are lienors giving notice who are not so listed, the owner may pay such lienors and any persons listed in the affidavit that are entitled to be paid by the owner under subparagraph 2. and shall thereupon be discharged of any further responsibility under the direct contract, except for any balance that may be due to the contractor.

5. The owner shall retain the final payment due under the direct contract that shall not be disbursed until the contractor’s affidavit under subparagraph 1. has been furnished to the owner.

6. When final payment has become due to the contractor and the owner fails to withhold as required by subparagraph 5., the property improved shall be subject to the full amount of all valid liens of which the owner has notice at the time the contractor furnishes his or her affidavit.

(e) If the improvement is abandoned before completion, the owner shall determine the amount due each lienor giving notice and shall pay the same in full or prorate in the same manner as provided in subsection (4).

(f) No contractor shall have any right to require the owner to pay any money to him or her under a direct contract if such money cannot be properly paid by the owner to the contractor in accordance with this section.

(g) Except with written consent of the contractor, before paying any money directly to any lienor except the contractor or any laborer, the owner shall give the contractor at least 10 days’ written notice of his or her intention to do so, and the amount he or she proposes to pay each lienor.

(h) When the owner has properly retained all sums required in this section to be retained but has otherwise made improper payments, the owner’s real property shall be liable to all laborers, subcontractors, sub-subcontractors, and materialmen complying with this chapter only to the extent of the retentions and the improper payments, notwithstanding the other provisions of this subsection. Any money paid by the owner on a direct contract, the payment of which is proved to have caused no detriment to any certain lienor, shall be held properly paid as to the lienor, and if any of the money shall be held not properly paid as to any other lienors, the entire benefit of its being held not properly paid as to them shall go to the lienors.

(4)(a) In determining the amounts for which liens between lienors claiming under a direct contract shall be paid by the owner or allowed by the court within the total amount fixed by the direct contract and under the provisions of this section, the owner or court shall pay or allow such liens in the following order:

1. Liens of all laborers.

2. Liens of all persons other than the contractor.

3. Lien of the contractor.

(b) Should the total amount for which liens under such direct contract may be allowed be less than the total amount of liens under such contract in all classes above mentioned, all liens in a class shall be allowed for their full amounts before any liens shall be allowed to any subsequent class. Should the amount applicable to the liens of any single class be insufficient to permit all liens within that class to be allowed for their full amounts, each lien shall be allowed for its pro rata share of the total amount applicable to liens of that class; but if the same labor, services, or materials shall be covered by liens of more than one class, such labor, services, or materials shall be allowed only in the earliest class by which they shall be covered; and also if the same labor, services, or materials shall be covered by liens of two or more lienors of the same class, such labor, services, or materials shall be allowed only in the lien of the lienor farthest removed from the contractor. This section shall not be construed to affect the priority of liens derived under separate direct contracts.

History.—s. 1, ch. 63-135; ss. 4, 5, ch. 65-456; s. 35, ch. 67-254; s. 1, ch. 75-227; s. 5, ch. 77-353; s. 4, ch. 80-97; s. 3, ch. 87-74; s. 4, ch. 90-109; s. 1, ch. 93-99; s. 318, ch. 94-119; s. 229, ch. 94-218; s. 2, ch. 96-383; s. 1764, ch. 97-102; s. 2, ch. 97-219; s. 3, ch. 98-135; s. 3, ch. 99-386; ss. 2, 3, ch. 2003-177.

Note.—Former s. 84.061.

F.S. 713.06 on Google Scholar

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Amendments to 713.06

Annotations, Discussions, Cases:

Cases Citing Statute 713.06

Total Results: 221

Crane Co. v. Fine

221 So. 2d 145

Supreme Court of Florida | Filed: Apr 2, 1969 | Docket: 1202388

Cited 57 times | Published

061(2) (a), Fla. Stat. 1965 (carried forward as § 713.06(2) *150 (a), Fla. Stat. 1967, F.S.A.). This subsection

Ingersoll v. Hoffman

589 So. 2d 223, 1991 WL 188305

Supreme Court of Florida | Filed: Sep 26, 1991 | Docket: 1440982

Cited 36 times | Published

provide the contractor's affidavit required by section 713.06(3)(d)(1), Florida Statutes (1987). In rejecting

Symons Corp. v. Tartan-Lavers Delray Beach

456 So. 2d 1254

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 1732045

Cited 23 times | Published

Notice to Owner pursuant to Florida Statute Section 713.06, upon the defendant on May 29, 1981." While

Aetna Cas. and Sur. Co. v. Buck

594 So. 2d 280, 1992 WL 18569

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1741822

Cited 19 times | Published

for laborers, must serve a notice on the owner. § 713.06(2), Fla. Stat. (1987). The purpose of serving

Holding Elec., Inc. v. Roberts

530 So. 2d 301, 13 Fla. L. Weekly 539, 1988 Fla. LEXIS 960, 1988 WL 93747

Supreme Court of Florida | Filed: Sep 8, 1988 | Docket: 1267567

Cited 18 times | Published

in accordance with the *302 provisions of section 713.06(3). Florida Statutes (1985), prior to commencing

STRICKLAND-COLLINS CONST. v. Barnett Bank of Naples

545 So. 2d 476, 14 Fla. L. Weekly 1510, 1989 Fla. App. LEXIS 3545, 1989 WL 67500

District Court of Appeal of Florida | Filed: Jun 21, 1989 | Docket: 1344830

Cited 17 times | Published

based upon breach of contract and violation of section 713.06(3), Florida Statutes (1983). Subsequent to

Mardan Kitchen Cabinets, Inc. v. Bruns

312 So. 2d 769, 1975 Fla. App. LEXIS 14914

District Court of Appeal of Florida | Filed: May 13, 1975 | Docket: 119998

Cited 16 times | Published

amend the complaint to reflect compliance with § 713.06(3)(d)1, Fla. Stat. Bruns then moved to dismiss

Jackson v. Hatch

288 So. 2d 564, 66 A.L.R. 3d 1083

District Court of Appeal of Florida | Filed: Jan 25, 1974 | Docket: 1696466

Cited 16 times | Published

failed to allege that the affidavit required by F.S. 713.06(3)(d)1, F.S.A. had been furnished by the plaintiff

FLORIDA STEEL v. Adaptable Developments

503 So. 2d 1232, 12 Fla. L. Weekly 19, 1986 Fla. LEXIS 3076

Supreme Court of Florida | Filed: Dec 24, 1986 | Docket: 1453240

Cited 14 times | Published

a timely claim of a lien in accordance with section 713.06(2)(a), Florida Statutes (1981).[1] Construction

Askew v. County of Volusia

450 So. 2d 233, 1984 Fla. App. LEXIS 12664

District Court of Appeal of Florida | Filed: Apr 5, 1984 | Docket: 1729129

Cited 14 times | Published

DCA 1982), even though that case concerned section 713.06(3)(d), Florida Statutes (1981). The language

Falovitch v. GUNN & GUNN CONST. CO.

348 So. 2d 560

District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 1760874

Cited 14 times | Published

days before instituting suit, as required by Section 713.06(3)(d)(1), Florida Statutes. The plaintiff's

Peninsular Supply Co. v. CB Day Realty of Fla., Inc.

423 So. 2d 500, 1982 Fla. App. LEXIS 21886

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 544955

Cited 13 times | Published

45 days from the first furnishing of materials. § 713.06, Fla. Stat. (1979). The trial court dismissed

Ruocco v. Brinker

380 F. Supp. 432, 1974 U.S. Dist. LEXIS 7707

District Court, S.D. Florida | Filed: Jul 9, 1974 | Docket: 1019862

Cited 13 times | Published

or materials furnished or to be furnished. F.S. § 713.06(2) (a), F.S.A. This notice must be served before

Stresscon v. Madiedo

581 So. 2d 158, 1991 WL 101183

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1683944

Cited 11 times | Published

2d 1078 (Fla. 2d DCA 1977) (same);[2]see also § 713.06(2)(c), Fla. Stat. (1987) (provides that notice

RITE-WAY PAINTING & PLASTER., INC. v. Tetor

582 So. 2d 15, 1991 WL 85552

District Court of Appeal of Florida | Filed: May 24, 1991 | Docket: 976313

Cited 11 times | Published

cause of action. MECHANIC'S LIEN FORECLOSURE Section 713.06, Florida Statutes (1987), requires, as a prerequisite

Lindberg v. Hosp. Corp. of America

545 So. 2d 1384, 1989 WL 75737

District Court of Appeal of Florida | Filed: Jul 12, 1989 | Docket: 1702833

Cited 11 times | Published

Florida Statutes (1987) or affidavit under section 713.06(3)(d)(1), Florida Statutes (1985) subsequent

Cooley v. General Elevator Corp. (In Re Advanced Contractors)

44 B.R. 239, 1984 Bankr. LEXIS 4538, 12 Bankr. Ct. Dec. (CRR) 529

United States Bankruptcy Court, M.D. Florida | Filed: Nov 27, 1984 | Docket: 1819130

Cited 11 times | Published

its right of action against the bond pursuant to § 713.06 and § 713.23 Fla.Stat. by timely filing a notice

Grant v. Wester

679 So. 2d 1301, 1996 WL 549370

District Court of Appeal of Florida | Filed: Sep 30, 1996 | Docket: 1214552

Cited 10 times | Published

with the contractor's affidavit required by section 713.06(3)(d), Florida Statutes (1991), certifying

Austin South I, Ltd. v. Barton-Malow Co.

799 F. Supp. 1135, 1992 U.S. Dist. LEXIS 10221, 1992 WL 164197

District Court, M.D. Florida | Filed: Jun 10, 1992 | Docket: 923015

Cited 10 times | Published

2513, 91 L.Ed.2d 202 (1986). Florida Statute Section 713.06(3)(d) provides that when final payment becomes

Art Berman Concrete, Inc. v. Sey Construction Corp.

247 So. 2d 791

District Court of Appeal of Florida | Filed: May 18, 1971 | Docket: 1461675

Cited 10 times | Published

appeal is whether the notice indicated by F.S. § 713.06 (3) (d) 1, F.S.A., of the mechanic's lien law

Alton Towers, Inc. v. Coplan Pipe & Supply Co.

262 So. 2d 671

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 429098

Cited 9 times | Published

mechanic's lien law, and specifically, Florida Statutes § 713.06(1), F.S.A., which provides: "(1) A materialman

Boux v. East Hillsborough Apartments, Inc.

218 So. 2d 202

District Court of Appeal of Florida | Filed: Jan 29, 1969 | Docket: 161242

Cited 9 times | Published

required of those not in privity by Florida Statutes § 713.06(2), F.S.A. should not have caused the dismissal

Zaleznik v. Gulf Coast Roofing Co., Inc.

576 So. 2d 776, 1991 WL 24854

District Court of Appeal of Florida | Filed: Feb 27, 1991 | Docket: 1242669

Cited 8 times | Published

that they had no obligation to pay them under section 713.06, Florida Statutes (1985). This litigation ensued

Bishop v. James A. Knowles, Inc.

292 So. 2d 415

District Court of Appeal of Florida | Filed: Mar 29, 1974 | Docket: 454894

Cited 8 times | Published

the real property of one not in privity, F.S. § 713.06, F.S.A., requires a subcontractor to serve upon

Adobe Brick and Supply Co. v. Centex-Winston Corp.

270 So. 2d 755

District Court of Appeal of Florida | Filed: Dec 15, 1972 | Docket: 1293743

Cited 8 times | Published

materialman not in privity with the owner, by § 713.06 Fla. Stat., F.S.A.]; and the timely filing of

Stunkel v. Gazebo Landscaping Design, Inc.

660 So. 2d 623, 20 Fla. L. Weekly Supp. 479, 1995 Fla. LEXIS 731, 1995 WL 273933

Supreme Court of Florida | Filed: May 11, 1995 | Docket: 1755761

Cited 7 times | Published

PROVIDING A NOTICE TO OWNER IN ACCORDANCE WITH SECTION 713.06(2)(a), FLORIDA STATUTES (1991), WHEN, WITHOUT

Weissing v. Gerring (In Re G & R Builders, Inc.)

123 B.R. 654, 1990 Bankr. LEXIS 2751, 1990 WL 256463

United States Bankruptcy Court, M.D. Florida | Filed: Dec 21, 1990 | Docket: 1495947

Cited 7 times | Published

Contractor's Affidavit pursuant to Fla. Stat. § 713.06(3)(d), stating that the Affidavit was executed

Vanater v. Tom Lilly Const.

483 So. 2d 506, 11 Fla. L. Weekly 459, 1986 Fla. App. LEXIS 6481

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 455692

Cited 7 times | Published

under his direct contract have been paid in full. § 713.06(3)(d)(5), Fla. Stat. (1983). The contractor's

Sarasota Commercial Refrigeration v. Schooley

381 So. 2d 1141

District Court of Appeal of Florida | Filed: Feb 15, 1980 | Docket: 1758089

Cited 7 times | Published

judgment was predicated on the requirement of Section 713.06(2)(a), Florida Statutes (1977) that mechanics'

TUTTLE/WHITE CONSTRUCTIONS, INC. v. Hughes Supply, Inc.

371 So. 2d 559

District Court of Appeal of Florida | Filed: May 31, 1979 | Docket: 1786230

Cited 7 times | Published

which was denied. This appeal then followed. Section 713.06(1), Florida Statutes (1977), provides that

Hodusa Corp. v. ABRAY CONST. CO.

546 So. 2d 1099, 14 Fla. L. Weekly 1514, 1989 Fla. App. LEXIS 3594, 1989 WL 67458

District Court of Appeal of Florida | Filed: Jun 23, 1989 | Docket: 1731030

Cited 6 times | Published

with the contractor's affidavit referred to in section 713.06(3)(d)1, Florida Statutes (1987). Abray on the

Capital Const. Services, Inc. v. Rubinson

541 So. 2d 748, 14 Fla. L. Weekly 899, 1989 Fla. App. LEXIS 1892, 1989 WL 33999

District Court of Appeal of Florida | Filed: Apr 11, 1989 | Docket: 386970

Cited 6 times | Published

serve her with the notice of lien required by section 713.06(2)(a), Florida Statutes (1987). Capital filed

Twelve Oaks, Ltd. v. Florida National Bank (In Re Twelve Oaks, Ltd.)

59 B.R. 736, 1986 Bankr. LEXIS 6293

United States Bankruptcy Court, M.D. Florida | Filed: Apr 10, 1986 | Docket: 1721235

Cited 6 times | Published

materials furnished or to be furnished." F.S.A. § 713.06(2)(a). In addition to serving the owner, the materialman

HOBBS CONST. & DEV., INC. v. Presbyterian Homes

440 So. 2d 673

District Court of Appeal of Florida | Filed: Nov 18, 1983 | Docket: 1430558

Cited 6 times | Published

to the contract price. This argument ignores section 713.06(1), Fla. Stat. (1981), which provides that

Gesco, Inc. v. Edward L. Nezelek, Inc.

414 So. 2d 535

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 2020765

Cited 6 times | Published

not comply with the affidavit requirements of Section 713.06(3)(d)(1), Florida Statutes, was not raised

ATL. GARDENS LANDSCAPING, INC. v. Boca Raton Land Development, Inc.

360 So. 2d 1278

District Court of Appeal of Florida | Filed: Jun 28, 1978 | Docket: 1474494

Cited 6 times | Published

furnished appellees the affidavit required by Section 713.06(3)(d), Florida Statutes (1975). Appellees did

Morgan v. Goodwin

355 So. 2d 217

District Court of Appeal of Florida | Filed: Feb 24, 1978 | Docket: 1360418

Cited 6 times | Published

his intention to claim a lien, as required by Section 713.06(2)(a).[1] Conceding that, Goodwin claims to

Fidelity & Deposit Co. of Md. v. Accel, Inc.

354 So. 2d 424

District Court of Appeal of Florida | Filed: Jan 24, 1978 | Docket: 1682251

Cited 6 times | Published

furnished the owner with the notice required by Section 713.06(2)(a), Florida Statutes (1975) and thus Fidelity

Hey Kiley Man, Inc. v. Azalea Gardens Apartments

333 So. 2d 48, 1976 Fla. App. LEXIS 14472

District Court of Appeal of Florida | Filed: Jun 9, 1976 | Docket: 2469083

Cited 6 times | Published

appellant filed a proper notice to owner pursuant to § 713.06(2), F.S. 1973, and timely recorded a claim of

Warren v. Bill Ray Construction Co., Inc.

269 So. 2d 25

District Court of Appeal of Florida | Filed: Nov 21, 1972 | Docket: 2348664

Cited 6 times | Published

A preliminary notice to owner, provided for by § 713.06, Fla. Stat., F.S.A., was given by the plaintiffs

Summerton v. Mamele

711 So. 2d 131, 1998 WL 210548

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1337420

Cited 5 times | Published

final contractor's affidavit as required by section 713.06(3)(d)1, Florida Statutes (1993). The trial

Paulk v. Peyton

648 So. 2d 772, 1994 WL 681854

District Court of Appeal of Florida | Filed: Dec 8, 1994 | Docket: 1701755

Cited 5 times | Published

his action to foreclose a mechanic's lien. Section 713.06(3)(d), Florida Statutes (1987), provides in

Prestige Development Group v. Russell

612 So. 2d 691, 1993 WL 12398

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 1263313

Cited 5 times | Published

the contractor's affidavit provided for in section 713.06(3)(d)(1), Florida Statutes. We agree. The supreme

Coquina, Ltd. v. Nicholson Cabinet Co.

509 So. 2d 1344, 12 Fla. L. Weekly 1759

District Court of Appeal of Florida | Filed: Jul 21, 1987 | Docket: 1362094

Cited 5 times | Published

contractor's affidavit required in s. 713.06(3)(d)." Section 713.06(3)(d)1, Florida Statutes (1985), states the

Public Health Trust v. Carroll

509 So. 2d 1232, 12 Fla. L. Weekly 1647

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1715395

Cited 5 times | Published

mechanics lien is patently distinguishable because § 713.06(2)(a) specifically states, "the failure to serve

WG Mills, Inc. v. M & MA CORP.

465 So. 2d 1388

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1478754

Cited 5 times | Published

general contractor. The subcontractor sued under section 713.06, Florida Statutes (1973) (amended 1977, 1980)

Magee v. Bishop Signs, Inc.

458 So. 2d 1174

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1452889

Cited 5 times | Published

furnished a contractor's affidavit as required by section 713.06(3)(d)(1). Judgment was entered 1) dismissing

Sowers v. Hoenstine

417 So. 2d 1137

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 1382881

Cited 5 times | Published

contractor's affidavit required in § 713.06(3)(d). Section 713.06(3)(d) states in part that: When the

Saleh v. Watkins

415 So. 2d 858

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 459049

Cited 5 times | Published

contractor failed to comply with the requirements of section 713.06(3)(d)1, Florida Statutes (1981). The trial

Meredith v. Lowe's of Florida, Inc.

405 So. 2d 1061

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 1703858

Cited 5 times | Published

and that there had been proper payments under section 713.06, Florida Statutes (1979), in the sum of $20

Broward Atlantic Plumbing Co. v. RLP, INC.

402 So. 2d 464

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 1313150

Cited 5 times | Published

failed to serve a notice to owner as required by Section 713.06(2)(a), Florida Statutes (1975), and had failed

Coordinated Constructors v. Florida Fill, Inc.

387 So. 2d 1006, 1980 Fla. App. LEXIS 17569

District Court of Appeal of Florida | Filed: Sep 9, 1980 | Docket: 6834

Cited 5 times | Published

(1977), and compliance with the requirements of Section 713.06, Florida Statutes (1977), an owner may make

American Fire & Cas. v. Davis Water & Waste

377 So. 2d 164, 1979 Fla. LEXIS 4873

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423535

Cited 5 times | Published

to serve a notice on the owner as directed by § 713.06(2) of the Florida Statutes (1975)? We affirm the

American Fire & Cas. Co. v. DAVIS WATER & WASTE IND., INC.

358 So. 2d 225

District Court of Appeal of Florida | Filed: Apr 25, 1978 | Docket: 1691080

Cited 5 times | Published

lienors, § 713.05 deals with lienors in privity, and § 713.06 discusses liens of persons not in privity. The

Continental Cas. Co. v. ASSOC. PLASTICS

347 So. 2d 822

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 1687154

Cited 5 times | Published

owner (Saul J. Morgan Enterprises) pursuant to Section 713.06, Florida Statutes (1969); however, the notice

Norin Mortg. Corp. v. Wasco, Inc.

343 So. 2d 940

District Court of Appeal of Florida | Filed: Mar 24, 1977 | Docket: 1710522

Cited 5 times | Published

submitted its final affidavit to Blount under Section 713.06(3)(d)1, Florida Statutes (1973). In the second

Monde Invest No 2 v. Rd Taylor-Made Enter.

344 So. 2d 871

District Court of Appeal of Florida | Filed: Mar 18, 1977 | Docket: 1517759

Cited 5 times | Published

with the owner and is entitled to a lien under Section 713.06, Florida Statutes (1975). The Appellant properly

Torres v. MacIntyre

334 So. 2d 59

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 1309791

Cited 5 times | Published

his "notice to the owner" pursuant to Fla. Stat. § 713.06(2) was served more than 45 days after Torres commenced

Edward L. Nezelek, Inc. v. FOOD FAIR PROP. AGCY., INC.

309 So. 2d 219, 1975 Fla. App. LEXIS 14369

District Court of Appeal of Florida | Filed: Mar 11, 1975 | Docket: 1770625

Cited 5 times | Published

subcontractors had been paid in accordance with Fla. Stat. § 713.06(2)(a) and (3)(d)(1), F.S.A. Instead, on May 6

Midway Shopping Mall, Inc. v. Corky Corp.

257 So. 2d 905

District Court of Appeal of Florida | Filed: Feb 8, 1972 | Docket: 1287146

Cited 5 times | Published

of the forty-five day notice required by F.S.A. § 713.06. An amended complaint was filed alleging that

Ceco Corporation v. Goldberg

219 So. 2d 475

District Court of Appeal of Florida | Filed: Feb 25, 1969 | Docket: 1352198

Cited 5 times | Published

924. The trial court was convinced that since § 713.06 supra, (1967), does not specifically mention sub-subcontractors

Cannon v. Fournier

57 So. 3d 875, 2011 Fla. App. LEXIS 2282, 2011 WL 923967

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 2365931

Cited 4 times | Published

concerning a number of significant details. [3] See § 713.06, Fla. Stat. (2005). [4] We note that workers'

Zalay v. Ace Cabinets of Clearwater, Inc.

700 So. 2d 15, 1997 WL 428522

District Court of Appeal of Florida | Filed: Aug 1, 1997 | Docket: 1373186

Cited 4 times | Published

entitled to the limitation of lien described in section 713.06(3)(h), Florida Statutes (1993), which provides:

Hanley v. Kajak

661 So. 2d 1248, 1995 WL 621338

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 532538

Cited 4 times | Published

a contractor's final affidavit pursuant to section 713.06(3)(d)(1) as a condition precedent to the maintenance

MIRROR AND SHOWER DOOR PRODUCTS INC. v. Seabridge Inc.

621 So. 2d 486, 1993 Fla. App. LEXIS 5743, 1993 WL 174893

District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 1677756

Cited 4 times | Published

owner upon the Jennings in the form required by section 713.06(2)(b), Florida Statutes (1991). Rather, appellant

AAA Sod, Inc. v. Weitzer Corporation

513 So. 2d 750, 12 Fla. L. Weekly 2387

District Court of Appeal of Florida | Filed: Oct 7, 1987 | Docket: 1689543

Cited 4 times | Published

Sanfilippo, 449 So.2d 891 (Fla. 3d DCA 1984). Section 713.06(3)(d)(1), Florida Statutes (1985), requires

Plaza Builders, Inc. v. Regis

502 So. 2d 918, 12 Fla. L. Weekly 177

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1657686

Cited 4 times | Published

labor or services or materials by the lienor. Section 713.06(3)(d)(1) provides that: The contractor shall

Kalbes v. CALIFORNIA FEDERAL S & L

497 So. 2d 1256, 11 Fla. L. Weekly 2168

District Court of Appeal of Florida | Filed: Oct 10, 1986 | Docket: 1689638

Cited 4 times | Published

owner alleged that the lender in violation of section 713.06(3), Florida Statutes (1983), had disbursed

Hardrives Co. v. Tri-County Concrete Products

489 So. 2d 1211, 11 Fla. L. Weekly 1346

District Court of Appeal of Florida | Filed: Jun 11, 1986 | Docket: 1528842

Cited 4 times | Published

the materials it had supplied. Pursuant to section 713.06(2), Florida Statutes (1985), Tri-County mailed

Sewer Viewer v. Shawnee Sunset Developers

454 So. 2d 701

District Court of Appeal of Florida | Filed: Aug 10, 1984 | Docket: 79578

Cited 4 times | Published

are asked to decide whether the provisions of section 713.06(1), Florida Statutes (1981), which generally

Budget Elec. Co. v. Strauss

417 So. 2d 1143

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 1722047

Cited 4 times | Published

notice to owner within the time provided in section 713.06(2)(a), Florida Statutes (1981), citing Robert

Blinn v. Dumas

408 So. 2d 683

District Court of Appeal of Florida | Filed: Jan 6, 1982 | Docket: 1732509

Cited 4 times | Published

alleges delivery of the affidavit required by Section 713.06(3)(d), Florida Statutes (1980), which affidavit

Leader Mortg. Co. v. RICKARDS ELEC. SERVICE

348 So. 2d 1202, 1977 Fla. App. LEXIS 15981

District Court of Appeal of Florida | Filed: Jul 22, 1977 | Docket: 1760869

Cited 4 times | Published

failed to submit a contractor's affidavit under Section 713.06(3)(d)(1), Florida Statutes (1975). We agree

Tamarac Village, Inc. v. Bates & Daly Co.

348 So. 2d 23, 1977 Fla. App. LEXIS 15784

District Court of Appeal of Florida | Filed: Jun 17, 1977 | Docket: 1760804

Cited 4 times | Published

notice of intention to claim a lien pursuant to Section 713.06(2)(a) within 45 days of the time it commenced

Cincinnati Insurance Co. v. Putnam

335 So. 2d 855

District Court of Appeal of Florida | Filed: Jul 30, 1976 | Docket: 1306461

Cited 4 times | Published

Properties, Inc., appellee, as provided by section 713.06(2), Florida Statutes, by virtue of an exemption

RF Driggers Construction Company v. Bagli

313 So. 2d 450

District Court of Appeal of Florida | Filed: Jun 4, 1975 | Docket: 2583334

Cited 4 times | Published

to furnish the affidavit required by Fla. Stat. § 713.06(3)(d)1. The trial court held that the appellant

Centex-Winston Corp. v. CROWN PAINT

294 So. 2d 694, 1974 Fla. App. LEXIS 7283

District Court of Appeal of Florida | Filed: May 14, 1974 | Docket: 147774

Cited 4 times | Published

notice to owner in accordance with Fla. Stat. § 713.06, F.S.A. Therefore, appellant concludes that the

Trintec Const., Inc. v. COUNTRYSIDE VILL. CONDO., ASS'N, INC.

992 So. 2d 277, 2008 WL 4058013

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1723264

Cited 3 times | Published

(section 713.24), and rights to a final affidavit (section 713.06), and a list of subcontractors and suppliers

Puya v. SUPERIOR POOLS, SPAS & WATERFALLS

902 So. 2d 973, 2005 Fla. App. LEXIS 9091, 2005 WL 1336410

District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1674994

Cited 3 times | Published

contractor's final payment affidavit pursuant to section 713.06(3)(d)1., Florida Statutes (2003). Puya also

Bell v. Renar Development Co.

811 So. 2d 780, 2002 Fla. App. LEXIS 3042, 2002 WL 385046

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1724460

Cited 3 times | Published

affidavit complies with the requirements of section 713.06(3)(d)1, Florida Statutes (1999). Renar, a general

Parsons v. Whitaker Plumbing of Boca Raton, Inc.

751 So. 2d 655, 1999 WL 1259942

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1712502

Cited 3 times | Published

2d 15, 17-18 (Fla. 2d DCA 1997) (examining section 713.06(1)). Zalay held that section 713.29 attorney's

Parsons v. Whitaker Plumbing of Boca Raton, Inc.

751 So. 2d 655, 1999 WL 1259942

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1712502

Cited 3 times | Published

2d 15, 17-18 (Fla. 2d DCA 1997) (examining section 713.06(1)). Zalay held that section 713.29 attorney's

Grant v. Davis (In Re CJW Ltd.)

172 B.R. 675, 8 Fla. L. Weekly Fed. B 188, 1994 Bankr. LEXIS 1521, 1994 WL 526035

United States Bankruptcy Court, M.D. Florida | Filed: Sep 26, 1994 | Docket: 1868313

Cited 3 times | Published

subcontractor. Fla.Stat. § 713.05; Fla. Stat. § 713.06(2)(a). Failure to serve this notice is a complete

Davie Westview Developers, Inc. v. Bob-Lin, Inc.

533 So. 2d 879, 13 Fla. L. Weekly 2428, 1988 Fla. App. LEXIS 4761, 1988 WL 114605

District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1138635

Cited 3 times | Published

furnish the contractor's affidavit required by section 713.06(3)(d)1., Florida Statutes (1987). Based on

W.S.A. Inc. v. Stratton

680 F. Supp. 375, 1988 U.S. Dist. LEXIS 1851, 1988 WL 20242

District Court, S.D. Florida | Filed: Feb 17, 1988 | Docket: 1071000

Cited 3 times | Published

contractor's affidavit pursuant to Florida statutes section 713.06(3)(d)(1) (1985) precludes the maintenance of

Floridaire v. Alfred S. Austin-Daper T.

470 So. 2d 717

District Court of Appeal of Florida | Filed: Mar 1, 1985 | Docket: 1260974

Cited 3 times | Published

timely serve a notice to owner required by section 713.06(2), Florida Statutes (1979), and this court

McMAHAN CONST. CO. v. CAROL'S CARE CTR.

460 So. 2d 1001

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 1767052

Cited 3 times | Published

alleged that an affidavit in compliance with section 713.06(3)(d) had been filed after the filing of this

Sprinkler Fitters v. FITR SERV.

461 So. 2d 144

District Court of Appeal of Florida | Filed: Nov 27, 1984 | Docket: 464633

Cited 3 times | Published

sub-subcontractor or materialman on the project. Section 713.06(1), Florida Statutes (1981), provides in part:

General Elec. Co. v. Atlantic Shores, Inc.

436 So. 2d 974, 1983 Fla. App. LEXIS 22768

District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 1339981

Cited 3 times | Published

available for prorata payment of lienors under section 713.06(4), Florida Statutes (1981), General Electric

Stratton of Florida, Inc. v. Cerasoli

426 So. 2d 59

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 1283438

Cited 3 times | Published

by the contractor under subparagraph (c)1. Section 713.06(3)(c)(4), Florida Statutes (1980 Supp.). Thus

Royal v. Clemons

394 So. 2d 155

District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1315372

Cited 3 times | Published

timely file his notice to owner pursuant to Section 713.06(2)(a), Florida Statutes (1977). Based on the

PILOT ELECTRICAL CONST. CO., INC. v. Waters

384 So. 2d 61

District Court of Appeal of Florida | Filed: Jun 5, 1980 | Docket: 1269650

Cited 3 times | Published

materials on the job, post-dated the amendment to Section 713.06, Florida Statutes, effective July 1, 1978.

Baumgartner Const. Co., Inc. v. Harrell

364 So. 2d 802

District Court of Appeal of Florida | Filed: Nov 14, 1978 | Docket: 462013

Cited 3 times | Published

was not in privity with them and pursuant to Section 713.06(2), Florida Statutes (1975), and Booth v. Lombardi

Adams v. McDonald

356 So. 2d 864

District Court of Appeal of Florida | Filed: Mar 20, 1978 | Docket: 1478404

Cited 3 times | Published

contractor, and certain other information. Section 713.06(3)(a) provides: "(a) The owner shall not pay

Konsler Steel Co. v. Partin

356 So. 2d 264, 1978 Fla. LEXIS 4795

Supreme Court of Florida | Filed: Feb 20, 1978 | Docket: 1479059

Cited 3 times | Published

was not made within the statutory time frame. Section 713.06(2)(a) states: ... notice must be served before

J. A. Wynne Co. v. R. D. Phillips Construction Co.

468 F. Supp. 5, 43 A.F.T.R.2d (RIA) 1173, 1977 U.S. Dist. LEXIS 16781

District Court, M.D. Florida | Filed: Mar 22, 1977 | Docket: 1381891

Cited 3 times | Published

under the Florida Mechanics Lien Law. Fla.Stat. § 713.06(2)(a). Keene began work on July 13 and Southern

SORENSEN/FLETCHER CONSTR. CO. v. Grasso

319 So. 2d 194

District Court of Appeal of Florida | Filed: Sep 12, 1975 | Docket: 443998

Cited 3 times | Published

contractor's affidavit required under Fla. Stat. § 713.06(3)(d)(1) (1971), as a consequence of which the

Booth v. Joe Lombardi, Inc.

309 So. 2d 51, 1975 Fla. App. LEXIS 14331

District Court of Appeal of Florida | Filed: Mar 5, 1975 | Docket: 2543319

Cited 3 times | Published

the owner and that he had failed to comply with § 713.06(2) of the Mechanics' Lien Law. The lower court

WW Gay Mechanical Contractors, Inc. v. Case

275 So. 2d 570, 1973 Fla. App. LEXIS 7079

District Court of Appeal of Florida | Filed: Apr 3, 1973 | Docket: 1726745

Cited 3 times | Published

did not give the 45-day notice called for by F.S. 713.06(2)(a), F.S.A., but contends that such time is

Stock Building Supply of Florida, Inc. v. Soares Da Costa Construction Services, LLC

76 So. 3d 313, 2011 Fla. App. LEXIS 15728, 2011 WL 4578320

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2359588

Cited 2 times | Published

The First Notice Created a Lien Governed by Section 713.06, not Section 713.23. Construction liens are

Rivera v. Hammer Head Construction & Development

14 So. 3d 1190, 2009 Fla. App. LEXIS 9363, 2009 WL 1703235

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 60241285

Cited 2 times | Published

substantially the form prescribed by the statute. Section 713.06(3)(d)l. further provides that “[t]he contractor

Aquatic Plant Mgt. v. Paramount Engineering

977 So. 2d 600, 2007 WL 4179674

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 2540697

Cited 2 times | Published

contract. See § 713.01(27), Fla. Stat.; see also § 713.06(1). Moreover, to "furnish materials" means to

Privas v. Brisson Custom Homes, Inc.

817 So. 2d 983, 2002 WL 1059536

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1430460

Cited 2 times | Published

serve the contractor's affidavit, pursuant to section 713.06(3)(d), Florida Statutes. The trial court denied

Keller v. Newman Sons, Inc.

756 So. 2d 120, 2000 Fla. App. LEXIS 1378, 2000 WL 159071

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1516767

Cited 2 times | Published

under the *122 Construction Lien Law. See id. § 713.06, Fla. Stat. Strickland went out of business, never

Timbercraft Enterprises, Inc. v. Adams

563 So. 2d 1090, 1990 WL 73298

District Court of Appeal of Florida | Filed: Jun 6, 1990 | Docket: 1281448

Cited 2 times | Published

to comply with the statutory requirements of section 713.06, Florida Statutes. At the close of Timbercraft's

Arlington Lumber & Trim Co. v. Vaughn

548 So. 2d 727, 14 Fla. L. Weekly 1914, 1989 Fla. App. LEXIS 4565, 1989 WL 90483

District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 1333748

Cited 2 times | Published

an attempt to comply with the provisions of section 713.06(2)(a) in claiming a lien on the improved property

Fidelity & Deposit Co. of Maryland v. Delta Painting Corp.

529 So. 2d 781, 1988 WL 76011

District Court of Appeal of Florida | Filed: Jul 27, 1988 | Docket: 432469

Cited 2 times | Published

Delta mailed a notice to owner, as required by section 713.06(2)(a), Florida Statutes (1983), to the HDC

Design Aluminum, Inc. v. DeSanti

521 So. 2d 285, 13 Fla. L. Weekly 601

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 1348578

Cited 2 times | Published

prior to the notice] shall be improperly paid." § 713.06(3)(a), Fla. Stat. (1985). Adams v. McDonald, 356

INTERN. COMMUNITY CORP. v. Davis Water and Waste Industries, Inc.

455 So. 2d 1164, 9 Fla. L. Weekly 1956, 1984 Fla. App. LEXIS 14951

District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 1692623

Cited 2 times | Published

lien based upon a pro rata formula pursuant to section 713.06(4)(b), Florida Statutes (1981), when the construction

Gorman v. Florida Wholesale Carpet, Inc. (In Re Listle/Shreeves Corp.)

20 B.R. 421, 1982 Bankr. LEXIS 4072

United States Bankruptcy Court, M.D. Florida | Filed: May 24, 1982 | Docket: 1424960

Cited 2 times | Published

prerequisite to a valid claim of lien under Fla.Stat. § 713.06(2). However, Construction Equipment did not send

Tropical Supply Co., Inc. v. Verchio

402 So. 2d 1284, 1981 Fla. App. LEXIS 20751

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 1313247

Cited 2 times | Published

Tropical served a Notice to Owner pursuant to Section 713.06, Florida Statutes (1977) to protect itself

Viyella v. Jackson

347 So. 2d 830

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 1290806

Cited 2 times | Published

serving a "notice to the owner" pursuant to Section 713.06(2)(a), Florida Statutes (1975). In addition

Oppenheim v. NEWPORT SYSTEMS DEV. CORP.

348 So. 2d 328

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 1760795

Cited 2 times | Published

final payment is due under a direct contract. Section 713.06(3)(d)1, Florida Statutes 1975. The appellant

Trump Endeavor 12, LLC v. Fernich, Inc., Etc.

216 So. 3d 704, 2017 WL 1363950, 2017 Fla. App. LEXIS 5075

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4684201

Cited 1 times | Published

complied with the statutory lien provisions in section 713.06(2), Florida Statutes (2013), and that Trump

Action Labor of Florida v. Liberty Mut.

879 So. 2d 1240, 2004 Fla. App. LEXIS 5230, 2004 WL 784774

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 1514422

Cited 1 times | Published

judgment. For the following reasons, we affirm. § 713.06(1), Fla. Stat. (1998), provides: A materialman

Gulfside Properties Corp. v. Chapman Corp.

737 So. 2d 604, 1999 Fla. App. LEXIS 9508, 1999 WL 525442

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 1709607

Cited 1 times | Published

applicable provisions of the construction lien law, section 713.06, Florida Statutes (1993), which required Chapman

Shaw v. Schlusemeyer

683 So. 2d 1187, 1996 Fla. App. LEXIS 13228, 1996 WL 728349

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769477

Cited 1 times | Published

least five days prior to instituting suit. See § 713.06(3)(d)(l), Fla. Stat. (1985). The dispositive issue

GAZEBO LANDSCAPE DESIGN v. Bill Free Custom Homes, Inc.

638 So. 2d 87, 1994 WL 149726

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 1652686

Cited 1 times | Published

furnish service or materials, as required by section 713.06(2)(a), Florida Statutes (1991).[1] We reverse

LEHMANN DEVELOPMENT CORPORATION v. Nirenblatt

629 So. 2d 1098, 1994 WL 7699

District Court of Appeal of Florida | Filed: Jan 14, 1994 | Docket: 1263995

Cited 1 times | Published

notice to the owner in a mechanic's lien action. Section 713.06(2)(a) requires that all lienors not in privity

Charles Redi-Mix, Inc. v. Phillips

580 So. 2d 166, 1991 WL 22530

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 1717005

Cited 1 times | Published

the Notice to Owner properly as required by section 713.06(2)(a). The trial court entered summary final

Roof Structures, Inc. v. Picou

544 So. 2d 1138, 1989 WL 62423

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1709582

Cited 1 times | Published

Construction Services Company, as required by section 713.06(2)(a), Florida Statutes. The trial court relied

New Image Carpets, Inc. v. SANDERY CONST., INC.

541 So. 2d 1235, 1989 WL 9759

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 470580

Cited 1 times | Published

timely notice upon the owner as required by section 713.06(2)(a), Florida Statutes (1987). We do not agree

Hutton v. 3-L Enterprises, Inc.

431 So. 2d 277, 1983 Fla. App. LEXIS 19794

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 1149342

Cited 1 times | Published

owner of the contractor's affidavit required by section 713.06(3)(d)(1), Florida Statutes (1981), and the

Climatrol Corp. v. Kent

370 So. 2d 394

District Court of Appeal of Florida | Filed: Apr 10, 1979 | Docket: 1386819

Cited 1 times | Published

furnished by the contractor met the test of Section 713.06(3)(d)(1), Florida Statutes (1977). It is difficult

EE Dean Snavely, Inc. v. Weatherking, Inc.

343 So. 2d 58, 1977 Fla. App. LEXIS 15133

District Court of Appeal of Florida | Filed: Feb 25, 1977 | Docket: 1710485

Cited 1 times | Published

timely notice to the owner as required by F.S. § 713.06(2). We reverse. The statutory provision in question

Connor v. Dreyer

335 So. 2d 352

District Court of Appeal of Florida | Filed: Jul 23, 1976 | Docket: 1306197

Cited 1 times | Published

prior to institution of the suit as required by § 713.06(3)(d)(1), F.S. 1973. Thereafter, appellant demanded

Westinghouse Elec. Sup. Co. v. Midway Shop. Mall, Inc.

277 So. 2d 809

District Court of Appeal of Florida | Filed: May 8, 1973 | Docket: 2526738

Cited 1 times | Published

notice to the owner of its mechanic lien. F.S. § 713.06 F.S.A. Nevertheless, the failure to give timely

Pinnacle Construction Group, Inc. v. Tom Krips Construction, Inc.

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68177873

Published

to Owner upon the Scherfs, “as required by section 713.06, Florida Statutes.” They asserted that “[u]nless

In Re of Abraham Calixte and Dorothy Drouillard a/k/a Dorothy Calixte v. Coastal Building Contractors, LLC

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490766

Published

“notice to owner” on Petitioners as required by section 713.06(2), Florida Statutes (2023). As service of

AGE OF EMPIRE, INC., etc. v. OCEAN TWO CONDOMINIUM ASSOCIATION, INC., etc.

District Court of Appeal of Florida | Filed: Aug 2, 2023 | Docket: 67657802

Published

a final contractor’s affidavit pursuant to Section 713.06(2), Florida Statutes.”

THOMAS DEMASE AND JOANNE DEMASE vs STATE FARM FLORIDA INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Nov 14, 2022 | Docket: 62607476

Published

exception for substantial compliance. Cf., e.g., § 713.06(2)(c), Fla. Stat. (“The notice may be in substantially

A. ALEXIS VARELA, INC. D/B/A THE VARELA CONSTRUCTION GROUP, A FLORIDA CORPORATION vs DOMINIC PAGIO AND JULIA PAGIO

District Court of Appeal of Florida | Filed: May 20, 2022 | Docket: 68035364

Published

Pagios the contractor’s affidavit required by section 713.06(3)(d), Florida Statutes (2021). Because the

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18604179

Published

was served prior to suit in accordance with section 713.06(3)(d)1., Florida Statutes (2019). Contractor’s

FETTIG'S CONSTRUCTION, INC. v. PARADISE PROPERTIES & INTERIORS "LLC"

District Court of Appeal of Florida | Filed: Aug 12, 2020 | Docket: 17436370

Published

was served prior to suit in accordance with section 713.06(3)(d)1., Florida Statutes (2019). Contractor’s

Courtney M. Fernandez and Ellis T. Fernandez v. Manning Building Supplies, Inc.

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243485

Published

annualized by the trial court to be 18%. Section 713.06(1), Florida Statutes (2018), specifically authorizes

Marble Unlimited, Inc. v. Weston Real Estate Investment Corp.

125 So. 3d 286, 2013 WL 1222779, 2013 Fla. App. LEXIS 4898

District Court of Appeal of Florida | Filed: Mar 27, 2013 | Docket: 60235819

Published

to owner on Weston Development pursuant to section 713.06, Florida Statutes (2010). *288A lienor who

Barber v. Dahlia at Plantation Homeowners Ass'n

101 So. 3d 899, 2012 Fla. App. LEXIS 19726, 2012 WL 5500384

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60226440

Published

summary judgment in favor of the property owner. Section 713.06, Florida Statutes (2008), allows for a lien

LaSalle Bank National Ass'n v. Blackton, Inc.

59 So. 3d 329, 2011 Fla. App. LEXIS 5670, 2011 WL 1496001

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60299687

Published

rely on a contractor’s affidavit given under section 713.06(3)(d)-However, the notice of termination must

Fetta v. All-Rite Paving Contractors, Inc.

50 So. 3d 1216, 2010 Fla. App. LEXIS 19834, 2010 WL 5345140

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 1928144

Published

final payment affidavit. We find, pursuant to section 713.06(3)(d)1., Florida Statutes (2007), that the

Ebano-Soberon, Inc. v. Cury Group, Inc.

40 So. 3d 5, 2010 Fla. App. LEXIS 7321, 2010 WL 2077018

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1229836

Published

furnish a final payment affidavit, as required by section 713.06(3)(d), Fla. Stat. We find the order to be reviewable

Ago

Florida Attorney General Reports | Filed: Jan 4, 2010 | Docket: 3258040

Published

this office comment on the applicability of section 713.06(2)(a), Florida Statutes, to a Notice of Federal

Pierson D. Construction, Inc. v. Yudell

863 So. 2d 413, 2003 Fla. App. LEXIS 19757, 2003 WL 23095239

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827482

Published

day limitation period of section 713.22(2). Section 713.06(3)(d), Florida Statutes (2000), requires the

V L Orlando Building Corp. v. Skilled Services Corp.

769 So. 2d 526, 2000 Fla. App. LEXIS 13845, 2000 WL 1595972

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64801104

Published

not meet the statutory definition of laborer. Section 713.06, Florida Statutes (1997), reads in pertinent

Klein Development v. Ellis K. Phelps & Co.

761 So. 2d 441, 2000 Fla. App. LEXIS 6667, 2000 WL 707307

District Court of Appeal of Florida | Filed: Jun 2, 2000 | Docket: 64798348

Published

served a notice to owner on Klein pursuant to section 713.06(2)(a), Florida Statutes (1995). Phelps performed

Johnson v. Aqua Pool Co.

725 So. 2d 458, 1999 Fla. App. LEXIS 1252, 1999 WL 69573

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 64785945

Published

genesis in the statutory interplay between section 713.06(2)(a)2 and section 713.08(4)(a).3 The former

Orlando Dinner Entertainment, Inc. v. Electric Systems, Inc.

722 So. 2d 981, 1999 Fla. App. LEXIS 96, 1999 WL 4973

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 64785024

Published

commencing to serve the labor or material. See section 713.06(2)(a), Florida Statutes. Another, and the one

Florida Wood Services, Inc. v. Osprey Links Joint Venture

720 So. 2d 591, 1998 Fla. App. LEXIS 13166, 1998 WL 727352

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 64784224

Published

correctly served its Notice to Owner pursuant to section 713.06, Florida Statutes (1995). JM failed to complete

Metal Foam Industries, Inc. v. Watson

716 So. 2d 328, 1998 Fla. App. LEXIS 10366, 1998 WL 472632

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 64782377

Published

any notice to owner of its hen, pursuant to section 713.06(2), Florida Statutes (1995), because section

Superfos Constraction (U.S.), Inc. v. Hajoca Corp.

712 So. 2d 1228, 1998 Fla. App. LEXIS 7550, 1998 WL 336524

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 64781603

Published

contractor’s affidavit that is required by section 713.06(3)(d), Florida Statutes (1995). We disagree

Craftsman Contractors, Inc. v. Brown

695 So. 2d 750, 1997 Fla. App. LEXIS 2545, 1997 WL 122718

District Court of Appeal of Florida | Filed: Mar 20, 1997 | Docket: 64774286

Published

affidavit. Craftsman argues, however, that section 713.06(3)(d)(l), Florida Statutes, only requires that

Grant v. Florida Power Corp. (In re American Fabricators, Inc.)

197 B.R. 987, 10 Fla. L. Weekly Fed. B 11, 1996 Bankr. LEXIS 773

United States Bankruptcy Court, M.D. Florida | Filed: Jun 4, 1996 | Docket: 65781362

Published

Contractor’s Final Affidavit as required under Fla.Stat. § 713.06(3)(d), and which is a condition precedent to distribution

CL WHITESIDE v. Landings Joint Venture

626 So. 2d 1051, 1993 WL 458967

District Court of Appeal of Florida | Filed: Nov 10, 1993 | Docket: 1286180

Published

purposes of the notice to owner provisions of section 713.06[1] have been satisfied by a common identity

Florida Bar re Advisory Opinion—Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions

605 So. 2d 868, 17 Fla. L. Weekly Supp. 609, 1992 Fla. LEXIS 1635, 1992 WL 275896

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 64670104

Published

to prepare the Notice To Owner required by section 713.06(2), Florida Statutes). However, the Standing

Business Men's Assurance Co. of America v. A-1 Chattahoochee Patios, Inc.

592 So. 2d 324, 1992 Fla. App. LEXIS 4, 1992 WL 255

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 64664547

Published

record reflects substantial compliance with section 713.06(2)(a), Florida Statutes, by a timely mailing

Fort v. Lopez

580 So. 2d 227, 1991 Fla. App. LEXIS 3908, 1991 WL 66669

District Court of Appeal of Florida | Filed: May 2, 1991 | Docket: 64658982

Published

naming unpaid lienors and the amounts due. Section 713.06(3)(d)l., Florida Statutes, provides in part:

Fleitas v. Julson, Inc.

580 So. 2d 636, 1991 Fla. App. LEXIS 2412, 1991 WL 35353

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 64659188

Published

as a “laborer” pursuant to the exception in Section 713.06(2)(a), Florida Statutes (1987). It also permitted

Pappalardo Construction Co. v. Buck

568 So. 2d 507, 1990 Fla. App. LEXIS 7996, 1990 WL 155071

District Court of Appeal of Florida | Filed: Oct 17, 1990 | Docket: 64653817

Published

lien claimant of the statutory obligation of section 713.06(2)(a), Florida Statutes, to notify the owner

Tri-County Concrete Products, Inc. v. Boynton West Corp.

566 So. 2d 335, 1990 Fla. App. LEXIS 6518, 1990 WL 127998

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 64652713

Published

held that the proper payments provision of Section 713.06, Florida Statutes (1985), applied to Section

Adee v. Great Southeast Carpet Gallery, Inc.

562 So. 2d 409, 1990 Fla. App. LEXIS 4077, 1990 WL 74058

District Court of Appeal of Florida | Filed: Jun 7, 1990 | Docket: 64650952

Published

a contractor’s final affidavit pursuant to section 713.06(3)(d), Florida Statutes, and served it on Owner

Florida National Bank v. 1 Phillips Center, Ltd.

555 So. 2d 951, 1990 Fla. App. LEXIS 246, 1990 WL 3234

District Court of Appeal of Florida | Filed: Jan 19, 1990 | Docket: 64647607

Published

subcontractor, recorded a mechanic’s lien pursuant to section 713.06, Florida Statutes (1985), against Phillips

Florida National Bank v. 1 Phillips Center, Ltd.

555 So. 2d 951, 1990 Fla. App. LEXIS 246, 1990 WL 3234

District Court of Appeal of Florida | Filed: Jan 19, 1990 | Docket: 64647607

Published

subcontractor, recorded a mechanic’s lien pursuant to section 713.06, Florida Statutes (1985), against Phillips

King v. Brickellbanc Savings Ass'n

551 So. 2d 604, 14 Fla. L. Weekly 2613, 1989 Fla. App. LEXIS 6294, 1989 WL 133749

District Court of Appeal of Florida | Filed: Nov 9, 1989 | Docket: 64645940

Published

failed to file a notice to owner as required by section 713.06(2)(a), Florida Statutes (1987). In response

Marks Landscape & Paving Co. v. R.P.B. Industrial Park, Inc.

552 So. 2d 256, 14 Fla. L. Weekly 2565, 1989 Fla. App. LEXIS 6146

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646334

Published

improperly applying the proper payments provisions of § 713.06(3), Fla.Stat. (1985), to the provisions of § 713

Suchman v. National Hauling, Inc.

549 So. 2d 200, 14 Fla. L. Weekly 1701, 1989 Fla. App. LEXIS 4088

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 64645161

Published

forty-five days of commencement as required by section 713.06(2)(a), Florida Statutes (1983). On a quantum

Florida Bar

544 So. 2d 1013, 14 Fla. L. Weekly 268, 1989 Fla. LEXIS 504, 1989 WL 57948

Supreme Court of Florida | Filed: Jun 1, 1989 | Docket: 64643126

Published

prepare the Notice To Owner required by Fla.Stat. § 713.06(2) and the Notice To Contractor required by Fla

Hanna v. JPC, Inc.

538 So. 2d 958, 14 Fla. L. Weekly 507, 1989 Fla. App. LEXIS 894, 1989 WL 13080

District Court of Appeal of Florida | Filed: Feb 21, 1989 | Docket: 64640638

Published

failure to comply with the notice requirements of § 713.06(3)(d)1 Fla.Stat. (1987), he stated that he was

Malt v. Chambers Truss, Inc.

522 So. 2d 430, 13 Fla. L. Weekly 647, 1988 Fla. App. LEXIS 884, 1988 WL 18570

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 64633659

Published

furnishing a contractor’s affidavit pursuant to section 713.06(3)(d), Florida Statutes (1985). Although all

Adamson v. First Federal Savings & Loan Ass'n of Andalusia

519 So. 2d 1036, 13 Fla. L. Weekly 211, 1988 Fla. App. LEXIS 164, 1988 WL 2626

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 64632623

Published

appellant did not file a "notice to owner” under Section 713.06(2)(a), Florida Statutes (1981) is not, in our

Sunair Development Corp. v. Gay

509 So. 2d 1361, 12 Fla. L. Weekly 1805, 1987 Fla. App. LEXIS 9485

District Court of Appeal of Florida | Filed: Jul 22, 1987 | Docket: 64628462

Published

or services or materials by the lienor; .... Section 713.06(3)(d)l provides in part that: The contractor

Quality Industries, Inc. v. Keyes

509 So. 2d 1248, 12 Fla. L. Weekly 1695, 1987 Fla. App. LEXIS 9235

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 64628420

Published

Keyes are and the trial court was in error. Section 713.06(3)(d)l, Florida Statutes (1985), the controlling

Rutenberg-Sarasota, Ltd. v. Eisner

509 So. 2d 398, 12 Fla. L. Weekly 1699, 1987 Fla. App. LEXIS 9269

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 64628229

Published

have standing under the mechanics’ lien law. Section 713.06(1), Florida Statutes (1985), provides: (1)

McCurry v. Eppolito

506 So. 2d 1110, 12 Fla. L. Weekly 1166, 1987 Fla. App. LEXIS 8169

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 64627005

Published

Torres, 358 So.2d 101 (Fla. 3rd DCA 1978); and Section 713.06(1), Florida Statutes. See also Leiby, supra

Walter E. Heller & Co. Southeast v. Palmer-Smith

504 So. 2d 511, 12 Fla. L. Weekly 857, 1987 Fla. App. LEXIS 7369

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 64626019

Published

Disney World on March 19, 1982, pursuant to section 713.06. A copy of this notice was sent to Palmer-Smith

Bishop Signs, Inc. v. Magee

494 So. 2d 532, 11 Fla. L. Weekly 2087, 1986 Fla. App. LEXIS 9890

District Court of Appeal of Florida | Filed: Oct 1, 1986 | Docket: 64621830

Published

for the foreclosure of a mechanic’s lien by section 713.06(3)(d)l, Florida Statutes (1985). That section

Gold v. M & G Services, Inc.

491 So. 2d 1297, 11 Fla. L. Weekly 1693, 1986 Fla. App. LEXIS 9193

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 64620848

Published

prior to instituting its action, as required by section 713.06(3)(d), Florida Statutes (1983).2 That omission

Ace Electric Supply Co. v. PJ & L Associates (In re Desco Marine, Inc.)

58 B.R. 40, 1986 Bankr. LEXIS 6826

United States Bankruptcy Court, M.D. Florida | Filed: Jan 24, 1986 | Docket: 65779109

Published

(1919). It is instructive to draw an analogy to § 713.06, Florida Statutes, which deals with acquisition

Gulf Horizons Development Co. v. Lewis

478 So. 2d 1180, 10 Fla. L. Weekly 2629, 1985 Fla. App. LEXIS 17075

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64615745

Published

failure to serve a notice to owner as required by section 713.06, Florida Statutes (1983). Appellant’s improvements

Dan, Inc. v. Alta-Can Construction, Inc.

463 So. 2d 1254, 1985 Fla. App. LEXIS 12674

District Court of Appeal of Florida | Filed: Feb 26, 1985 | Docket: 64610048

Published

Inc., 360 So.2d 1278 (Fla. 4th DCA 1978). Section 713.06(5)(d)(1), Florida Statutes (1981).

Wen-Dic Construction Co. v. Mainlands Construction Co.

463 So. 2d 1187, 10 Fla. L. Weekly 170, 1985 Fla. App. LEXIS 13931

District Court of Appeal of Florida | Filed: Jan 9, 1985 | Docket: 64610028

Published

requirements of the mechanic’s lien statute. See § 713.06, Fla.Stat. On March 24, 1983, appellee filed suit

McMahan Construction Co. v. Carol's Care Center, Inc.

460 So. 2d 1001, 10 Fla. L. Weekly 11, 1984 Fla. App. LEXIS 16436

District Court of Appeal of Florida | Filed: Dec 20, 1984 | Docket: 64608790

Published

alleged that an affidavit in compliance with section 713.-06(3)(d) had been filed after the filing of this

Mack Industries Division of Hollywood Land Co. v. Frank J. Baker General Contractor, Inc.

456 So. 2d 1326, 9 Fla. L. Weekly 2160, 1984 Fla. App. LEXIS 15358

District Court of Appeal of Florida | Filed: Oct 10, 1984 | Docket: 64607246

Published

contract, where improper payments as defined in Section 713.06 have been made. It does not and never was intended

Antonelli Construction Co. v. Sanfilippo

449 So. 2d 891, 1984 Fla. App. LEXIS 12685

District Court of Appeal of Florida | Filed: Apr 10, 1984 | Docket: 64604539

Published

or by proof that no liens have been filed. See § 713.06(3)(d)l, Fla.Stat. (1983). The court’s dismissal

Arabi Homes, Inc. v. Bachrach

446 So. 2d 725, 1984 Fla. App. LEXIS 12270

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 64603426

Published

deliver the contractor’s affidavit required by section 713.06(3)(d)l, Florida Statutes (1981). Bachrach later

Pembroke Villas of Broward, Inc. v. Raymundo

447 So. 2d 324, 1984 Fla. App. LEXIS 11859

District Court of Appeal of Florida | Filed: Feb 22, 1984 | Docket: 64603686

Published

furnish a contractor’s affidavit as required in Section 713.06(3)(d), Florida Statutes (1981), in order to

Bracco v. Cardozo

434 So. 2d 1024, 1983 Fla. App. LEXIS 19902

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 64598353

Published

which pertains to a contractor’s affidavit, section 713.06(3)(d)l, Florida Statutes (1981), reads in full:

Guardian Equipment Corp. v. First Federal Savings & Loan of Lake Worth (In re Guardian Equipment Corp.)

23 B.R. 126, 1982 Bankr. LEXIS 3360

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 10, 1982 | Docket: 65778269

Published

commencing work pursuant to Florida Statutes, § 713.06(2)(a), and further complied with Florida Statutes

State-Wide Construction, Inc. v. Dowda

418 So. 2d 1238, 1982 Fla. App. LEXIS 21079

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64591954

Published

the meaning of “deliver” as it is meant in section 713.-06(3)(d)(l): The contractor shall give to the

E. V. Construction Co. v. Newman

418 So. 2d 291, 1982 Fla. App. LEXIS 20612

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 64591761

Published

the appellees with a notice to owner under Section 713.06(2)(a), Fla.Stat. (1979). We conclude that Section

Dauer v. Safeco Insurance Co. of America

394 So. 2d 128, 1980 Fla. App. LEXIS 17622

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 64580459

Published

send a timely notice to owner as required by Section 713.06, Florida Statutes (1973),5 and Safeco would

Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. Hart

390 So. 2d 367, 1980 Fla. App. LEXIS 17144

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64578901

Published

payments made under the contract improperly paid. § 713.06(3)(a); Wool Wholesale Plumbing Supply, Inc. v

Cape Cave Corp. v. Charlotte Asphalt, Inc.

384 So. 2d 1300, 1980 Fla. App. LEXIS 16367

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576829

Published

Cave with a Notice to Owner as required by Section 713.06(2), Florida Statutes (1973). Thereafter, Cape

Combs v. St. Joe Papermakers Federal Credit Union

383 So. 2d 298, 1980 Fla. App. LEXIS 16613

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 64576007

Published

within forty-five (45) days, as required by Section 713.06(2)(a), F.S., but the Claim of Lien was filed

W. N. Robbins Electric, Inc. v. Intercontinental Group, Inc.

374 So. 2d 21, 1979 Fla. App. LEXIS 15619

District Court of Appeal of Florida | Filed: Jul 3, 1979 | Docket: 64571562

Published

A claimant alleging a claim of lien under Section 713.06, Florida Statutes (1977) must serve a notice

Brea v. MPS Industries, Inc.

372 So. 2d 212, 1979 Fla. App. LEXIS 15338

District Court of Appeal of Florida | Filed: Jun 26, 1979 | Docket: 64570797

Published

owners found it necessary to discharge. See Section 713.-06(3), Florida Statutes (1977). We recognize that

Eisaman v. Iomelli

368 So. 2d 619, 1979 Fla. App. LEXIS 14247

District Court of Appeal of Florida | Filed: Mar 9, 1979 | Docket: 64569072

Published

failure to comply with Section 713.06(3)(d)(l), Florida Statutes (1977). Section 713.-06(3)(d)(l) provides:

Wool Wholesale Plumbing Supply, Inc. v. Abdo

365 So. 2d 216, 1978 Fla. App. LEXIS 16871

District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 64567497

Published

within 45 days of first delivery as required by § 713.06(2)(a), Fla.Stat. (1975). We hold that the complaint

Fred L. Ahern, Inc. v. Rawson

360 So. 2d 31, 1978 Fla. App. LEXIS 16147

District Court of Appeal of Florida | Filed: Jun 13, 1978 | Docket: 64565111

Published

plaintiff’s proof to avoid ultimate dismissal under Section 713.06(3)(d)1, Florida Statutes (1977), may be appropriately

S & S Air Conditioning Co. v. Cantor

343 So. 2d 923, 1977 Fla. App. LEXIS 15518

District Court of Appeal of Florida | Filed: Mar 15, 1977 | Docket: 64557703

Published

preliminary notice to owners requirement of Section 713.06(2)(a), Florida Statutes. In a filed reply to

Tomorrow's Choice, Inc. v. Bassing Co.

343 So. 2d 70, 1977 Fla. App. LEXIS 15416

District Court of Appeal of Florida | Filed: Mar 1, 1977 | Docket: 64557454

Published

the contractor’s lien affidavit required by Section 713.06(3)(d)(l), Florida Statutes (1975), four days

Vaughan v. Art Construction Co.

341 So. 2d 823, 1977 Fla. App. LEXIS 15152

District Court of Appeal of Florida | Filed: Jan 25, 1977 | Docket: 64556762

Published

to furnish him with an affidavit pursuant to Section 713.06(3)(d)(l), Florida Statutes (1975). The two

Marson v. Comisky

341 So. 2d 1040, 1977 Fla. App. LEXIS 14992

District Court of Appeal of Florida | Filed: Jan 21, 1977 | Docket: 64556857

Published

thus failing to comply with the provisions of Section 713.06(2)(a), Florida Statutes, of the Mechanic’s

Partin v. Konsler Steel Co.

336 So. 2d 684, 1976 Fla. App. LEXIS 15384

District Court of Appeal of Florida | Filed: Aug 20, 1976 | Docket: 64554810

Published

furnishing materials as required by Florida Statute § 713.06(2)(a). Complying with this statute must be strictly

Herman v. Bob Woschnik Construction, Inc.

336 So. 2d 1

District Court of Appeal of Florida | Filed: Aug 6, 1976 | Docket: 64554648

Published

failure to allege that the affidavit required by Section 713.06(3)(d)l F.S. as a prerequisite to the institution

Ronal Builders, Inc. v. Powell Bros.

328 So. 2d 869, 1976 Fla. App. LEXIS 13991

District Court of Appeal of Florida | Filed: Mar 12, 1976 | Docket: 64552926

Published

was not due and the affidavit requirement of § 713.-06(3) (d)(1) is inapposite. Appellee was entitled

National Motel Corp. v. Lareau

327 So. 2d 116

District Court of Appeal of Florida | Filed: Feb 25, 1976 | Docket: 64552560

Published

from the preceding five-day period which, under § 713.06(3) (d)l, must intervene after filing of the contractor’s

Economy Suppliers & Fabricators, Inc. v. Centennial Homes, Inc.

325 So. 2d 421, 1976 Fla. App. LEXIS 15243

District Court of Appeal of Florida | Filed: Jan 23, 1976 | Docket: 64551952

Published

requirement for lienors not in privity, Fla.Stat. § 713.06 (1973), there is conflict within the complaint

Bell v. Boys, Inc.

325 So. 2d 28, 1976 Fla. App. LEXIS 15217

District Court of Appeal of Florida | Filed: Jan 16, 1976 | Docket: 64551763

Published

allege the existence of any notice to owner by Fla. Stat. 713.06 (1973). We recognize that untimely notice

Walter Harvey Corp. v. Cohen-Ager, Inc.

317 So. 2d 775, 1975 Fla. App. LEXIS 13812

District Court of Appeal of Florida | Filed: Jul 29, 1975 | Docket: 64548785

Published

provide an Affidavit as required by Florida Statute § 713.-06(3) (d) 1: ‘ . . . stating, if that be the fact

Yunis v. Calvin Gillenwater, Sr., Inc.

303 So. 2d 695, 1974 Fla. App. LEXIS 8369

District Court of Appeal of Florida | Filed: Dec 3, 1974 | Docket: 64542837

Published

(1) plaintiff’s failure to comply with Fla.Stat. § 713.06(3) (d)(1), and (2) plaintiff’s failure to comply

Lopez Terrazzo & Tile, Inc. v. Cooper

302 So. 2d 784, 1974 Fla. App. LEXIS 8484

District Court of Appeal of Florida | Filed: Oct 15, 1974 | Docket: 64542373

Published

failed timely to comply. with the requirements of § 713.-06(3) (d)(1), Fla.Stat. Appellant’s failure timely

Smyler v. Katzen

289 So. 2d 477

District Court of Appeal of Florida | Filed: Feb 5, 1974 | Docket: 64537033

Published

indebtedness or lack thereof pursuant to Fla.Stat, § 713.06(3) (d) (1), F.S.A., and (2) the sum of plaintiff’s

Eastland Inv. Co. v. JR TRUEMAN & ASSOC., INC.

287 So. 2d 365

District Court of Appeal of Florida | Filed: Dec 18, 1973 | Docket: 1653029

Published

the sworn statement required by Florida Statutes § 713.06(3)(d)(1), F.S.A. Ordinarily, the general contractor

Fontainebleau Hotel Corp. v. Lowry Electric Co.

269 So. 2d 738

District Court of Appeal of Florida | Filed: Nov 28, 1972 | Docket: 64528949

Published

full, etc., as required of a contractor under § 713.06(3) (d) Fla.Stat., F.S.A. We hold the contention

Zell v. Azzarelli Construction Co.

269 So. 2d 52

District Court of Appeal of Florida | Filed: Nov 15, 1972 | Docket: 64528674

Published

PER CURIAM. Affirmed. See Fla.Stat. § 713.06(d) (1971), F.S.A.; Fla.R.Civ.P. 1.510(e), 31 F.S.A.; 6

Stenholm v. Calbeck

265 So. 2d 531, 1972 Fla. App. LEXIS 6428

District Court of Appeal of Florida | Filed: Aug 18, 1972 | Docket: 64527229

Published

lienor; . . The affidavit required by Fla.Stat. § 713.-06(3) (d) (1), F.S.A., was served on the owner five

Approved Dry Wall Construction, Inc. v. Morgan Properties, Inc.

263 So. 2d 243, 1972 Fla. App. LEXIS 6590

District Court of Appeal of Florida | Filed: Jun 13, 1972 | Docket: 64526384

Published

failure to serve the notice required by Fla.Stat. § 713.06, F.S.A. The case of Boux v. East Hillsborough

Sharpe v. Herman A. Thomas, Inc.

250 So. 2d 330, 1971 Fla. App. LEXIS 6284

District Court of Appeal of Florida | Filed: Jul 6, 1971 | Docket: 64521335

Published

the contractor did not meet the requirements of § 713.06(3) (d) (1) Fla.Stat., F.S. A., (3) that the court

Coplan Pipe & Supply Co. v. Alton Towers, Inc.

249 So. 2d 525, 1971 Fla. App. LEXIS 6399

District Court of Appeal of Florida | Filed: Jun 22, 1971 | Docket: 64520992

Published

of intention to claim lien, as provided for in § 713.06(3) (a), and thereafter timely filed notice of

Yell-For-Pennell, Inc. v. Joab, Inc.

243 So. 2d 438, 1971 Fla. App. LEXIS 5412

District Court of Appeal of Florida | Filed: Jan 26, 1971 | Docket: 64518532

Published

the owner herein must be held sufficient. See § 713.06(2), Fla.Stat., F.S.A.; and Boux v. East Hillsborough

1800 North Federal Corp. v. Westinghouse Electric Supply Co.

224 So. 2d 384, 1969 Fla. App. LEXIS 5514

District Court of Appeal of Florida | Filed: Feb 12, 1969 | Docket: 64510450

Published

Section 84.061(2) (a), F.S.1965 [renumbered as Section 713.06(2) (a), F.S.1967, F.S.A.], placed the lienor

Bard Manufacturing Co. v. Albert & Jamerson Building Supply Corp.

212 So. 2d 13, 1968 Fla. App. LEXIS 5225

District Court of Appeal of Florida | Filed: Jun 27, 1968 | Docket: 64505892

Published

and renumbered by Chapter 67-254 as F.S.1967, Section 713.06(2) (a), F.S.A. This section reads as follows