Perfecting a Construction Lien or Payment Bond Claim in Florida? Florida Law Presumes that Materials Delivered to a Specific Construction Site were Incorporated
In Florida, it is presumed that materials delivered to a specific construction site were incorporated therein. With few exceptions such as ready-mix concrete, which has a limited time for placement, proving incorporation can be difficult. Materialmen usually do not have an employee at the construction site who observes the materials actually being incorporated. However, Florida law addresses this problem by providing that after evidence is presented in a lawsuit which establishes materials were delivered to a construction site, it is presumed they were incorporated. For example, if a materialman has delivery tickets signed by the customer at the construction site demonstrating that the materials were received, the courts accept that the materials were incorporated into the improvement. The burden is on the materialman to prove the materials were actually delivered to the construction site. As a result, materialmen should require all delivery truck drivers to obtain signed delivery tickets describing the delivered materials. Additionally, delivery truck drivers should take photographs (with a date stamp) of the delivered materials on the construction site to be included in the company records.
Mr. Kalmanson has concentrated his practice in the construction industry for more than 30 years. His emphasis is on the representation of subcontractors and materialmen. He has represented parties in thousands of construction lien, payment bond actions and construction payment disputes. In addition to being a licensed attorney and a State of Florida certified building contractor for more than 30 years, Mr. Kalmanson served as Chairman of the State of Florida Construction Industry Licensing Board pursuant to a gubernatorial appointment and Senate confirmation. He also served as a subject matter expert composing construction lien law test questions for the Department of Business and Professional Regulation’s construction licensure examinations. He is a frequent lecturer on the Construction Lien Law and has published numerous articles and a book on the subject.
This information presents the general scheme of Florida’s Construction Lien Law as of May 2020. The Construction Lien Law is constantly being amended; therefore, this material should not be relied upon in place of experienced legal advice in specific situations. This material is copyrighted and cannot be reproduced without written permission from Barry Kalmanson, Esq.