We are a water mitigation company licensed in the state of Texas. We helped out in Florida for Hurricane Ian in 2022, and have several jobs that have not yet paid in full. We contracted directly with the homeowner on each job. Being a water mitigation company from out of state, do we have lien rights?
Florida Statutes Chapter 713 is the state's "Construction Lien Law" and it defines "lienor" as:
(18) “Lienor” means a person who is:
(a) A contractor;
(b) A subcontractor;
(c) A sub-subcontractor;
(d) A laborer;
(e) A materialman who contracts with the owner, a contractor, a
subcontractor, or a sub-subcontractor; or
(f) A professional lienor under s. 713.03;
and who has a lien or prospective lien upon real property under
this part, and includes his or her successor in interest. No other person may
have a lien under this part.
"Helped out" and "water mitigation" doesn't really describe the work performed or materials supplied, if any. If the work requires licensure in Florida, you do not have lien rights unless you are licensed to perform the work. If you provide more details perhaps a precise answer can be given.
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