Changes To Lien Laws Create Opportunities For Contractors And Pitfalls For Owners

Jason Boffey is an Associate and Michael Candes and and Christopher Brockman are Partners in our Orlando office

For almost 50 years, lessors have had the ability to limit their liability for liens that arose from improvements to the leasehold made by a lessee.¹ This limitation of liability was accomplished by the recording of the actual lease, a short form of the lease, or a filing stating that all leases entered into by a lessor contain a clause stating that the interest of the lessor shall not be subject to liens for improvements made by the lessee ("blanket filings"). However, in the most recent legislative session, the Florida Legislature enacted revisions to Florida Statute § 713.10 that provide a potential pitfall for lessors by inserting a provision that may allow a contractor to lien the lessor's interest even where there is a recorded document advising of the limitation of liens.