Selling construction materials over-the-counter (where the customer picks up materials directly from the supply house) is commonplace in Florida. Materialmen who sell over-the-counter generally have construction lien and payment bond claim rights in the improvement where the materials are incorporated. However, in many instances, the materialman has little or no information about the use or final destination of the materials. For example, the court ruled in Florida East Coast Properties, Inc. v. Coastal Construction Products,

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

To be entitled to a construction lien or a payment bond claim in Florida, claimants typically must provide materials that are incorporated into the construction project. However, even without incorporation, it is possible for a claimant to have a valid construction lien or payment bond claim if: Construction materials were specially fabricated;Construction materials constituted normal waste in the course of construction; or Rental equipment was used in building the improvement. Specially Fabricated Materials Specially fabricated

Generally, to be entitled to a construction lien or a payment bond claim in Florida, the claimant must provide a permanent benefit to the real property. Although what constitutes a permanent benefit is not specifically defined in the Florida Statutes, guidance can be obtained from court decisions and the statutory definitions of “improve” and “improvement”. For instance, one court held that maintenance/landscaping services consisting of mowing a lawn and cutting shrubbery did not bestow a

Most types of construction work in Florida require that the contractor, subcontractor or sub-subcontractor have a specific construction license to perform its scope of work. If a license is required for the work being performed, Florida law mandates that contractors, subcontractors and sub-subcontractors maintain proper licensure regulated by the state of Florida to enforce a construction lien or payment bond claim. Despite the fact that many cities and counties require a myriad of local construction