Abstract
This Note addresses the current state of Florida’s construction lien laws as applied to residential real estate development and renovations in the aftermarket context. In sum, this Note proposes that the Florida Construction Lien Law should provide greater protection from construction liens to residential consumers and homeowners. While contractors and subcontractors need assurance of payment, homeowners alone should not shoulder the risk that subcontractors and materials suppliers may not be paid by contractors. First, this Note discusses the historical precedent and circumstances developing Florida’s current construction lien law. Second, this Note analyzes and critique the current Florida construction lien law statute’s “balance” of the contractor and property owner’s interests. Third, this Note reviews residential construction law in Tennessee and Michigan for comparative purposes. Finally, this Note suggests revisions to the current law that will more adequately protect the residential homeowner.
Recommended Citation
Heather Howdeshell,
Didn't My General Contractor Pay You? Subcontractor Construction Liens in Residential Construction Projects,
61 Fla. L. Rev.
151
(2009).
Available at: https://scholarship.law.ufl.edu/flr/vol61/iss1/4