“Florida Construction Liens: What is First Furnishing?”

1. The Florida Construction Lien Law is important for contractors to ensure they get paid in full for their work.
2. It is critical for contractors to understand the procedural requirements for perfecting their lien rights under the law.
3. Lienors who are not in direct privity with the property owner must serve their Notice to Owner within 45 days of their first furnishing of work or materials, or they will lose their lien rights.
4. Florida’s Construction Lien Law is strictly construed, meaning that deadlines must be followed exactly or the lien will be lost.
5. Subcontractors and suppliers must serve a Notice to Owner to maintain their lien rights. – Notice to Owner must be served within 45 days of beginning to furnish labor, materials, or supplies.
– The 45-day clock starts running at first furnishing, which occurs when services or materials are delivered to the job site.
– The statute allows liens only for services or materials that improve specific real property.
– The time limit starts running from the time the pieces to a crane were delivered to a job site, even if the crane itself was not assembled and could not be used until later. 1. Delivery of rental equipment to the job counts as first furnishing and starts the 45-day clock.
2. Selecting fungible materials off the job site does not constitute first furnishing.
3. Submittal and shop drawings do not count as first furnishing.
4. Off-site services do not constitute first furnishing.
5. Specially-fabricated materials require a notice to the owner within 45 days of starting to manufacture the materials.
6. The Notice to Owner must be served within 45 days of first delivering materials to the jobsite or commencing labor at the jobsite.

https://www.jimersonfirm.com/blog/2018/09/florida-construction-liens-what-does-first-furnishing-mean/