Who Gets the Greatest Protection Under Lien Law?
Sometimes those performing work on a job site don’t easily fall into the category of a subcontractor or supplier.
LaborerA laborer, generally defined as any person other than an architect, landscape architect, engineer, surveyor or mapper, is someone who, under a properly authorized contract, personally provides services or performs labor on the site of the improvement which benefit the real property. And that laborer is generally extended the greatest protection under Florida lien law while having to comply with the least amount of statutory prerequisites to enforce a lien. As an example, a laborer need not serve a notice to owner to perfect his or her lien. The rationale for exempting laborers from certain notice requirements is that an individual laborer will not work long without pay and consequently will not have a large claim unknown to the owner or general contractor.
Labor PoolA labor pool is not a laborer. Florida law clearly distinguishes between those who personally perform work and those who merely furnish persons to do that work. Such a business entity does not fall within the definition of a laborer. For all practical purposes, a labor pool or temporary labor supply company is a subcontractor and as such must comply with all established notice requirements.