In lawsuits brought by subcontractors and construction material suppliers to foreclose construction liens, the attorneys for the property owners often assert that the case should be dismissed as a result of failing to join the contractor claiming the contractor is an indispensable party. However, this theory is incorrect and does nothing but delay the litigation. Under well-settled Florida law, the only indispensable party in a construction lien foreclosure action is the owner of the property being foreclosed against. See Kurz v. Pappas, 146 So. 100, 102 (Fla. 1932).
Indispensable parties are required for all actions, including construction lien foreclosure actions.
“An indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that party’s interest or the interests of another party in the action.” See Fla. Dept. of Revenue v. Cummings, 930 So. 2d 604, 607 (Fla. 2006).
Accordingly, a contractor is not an indispensable party in a construction lien foreclosure action against an owner’s property. See Bybee v. Stearn, 95 So. 2d 529, 521 (Fla. 1957)(holding that the contractor is not an indispensable party in a suit by subcontractor to foreclose a construction lien against an owner’s property).
