Under Florida’s Construction Lien Law, a contractor is defined as “person other than a materialman or laborer who enters into a contract with the owner of real property for improving it or who takes over from a contractor” the remaining work under the original contract. It is important to remember that certain trades could be considered a contractor. For example, although a roofer, plumber or electrician typically works as a subcontractor on a construction project, if they contract directly with the owner, they would be viewed as a contractor under Florida law. The contractor shall deliver a contractor’s final payment affidavit 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.” Failure of the contractor to provide a final payment affidavit to the owner precludes the contractor from foreclosing its construction lien.
