Stunkel v. Gazebo Landscaping Design, Inc.
20 Fla. L. Weekly Supp. 479, 1995 Fla. LEXIS 731, 660 So. 2d 623 (1995)
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Rule of Law:
Under Florida's mechanic's lien statute, the 45-day period for a subcontractor to serve a notice to owner begins when the subcontractor first furnishes labor or delivers materials to the job site. Preliminary, off-site activities do not trigger the notice period, and a valid lien requires an underlying contractual obligation.
Facts:
- Sheldon and Sally Stunkel contracted with a general contractor, Bill Free Custom Homes, for the construction of a home.
- The general contractor orally contracted with Gazebo Landscaping Design, Inc. (Gazebo) to serve as the landscaping subcontractor.
- On November 7, 1990, the Stunkels and a Gazebo representative flew on the Stunkels' private plane to a nursery to select trees.
- During the trip, the Stunkels selected and tagged several trees for Gazebo to deliver and plant at their property.
- On December 5, 1990, Gazebo workers began work on the Stunkels' property by digging holes in preparation for planting the trees.
- On December 7, 1990, Gazebo planted the selected trees on the Stunkels' property.
Procedural Posture:
- Gazebo Landscaping Design, Inc. filed suit in a Florida circuit court (trial court) against Sheldon and Sally Stunkel to foreclose a mechanic's lien.
- At the close of Gazebo's case-in-chief at trial, the court granted an involuntary dismissal in favor of the Stunkels.
- The trial court found that Gazebo failed to serve its Notice to Owner within the statutory 45-day period, ruling that the period commenced on November 7, 1990, the date of the off-site tree selection.
- Gazebo, as appellant, appealed the dismissal to the Florida Fourth District Court of Appeal.
- The District Court of Appeal reversed the trial court's dismissal, holding there were triable issues of fact and suggesting a 'totality of the circumstances' test should determine the commencement date.
- The District Court of Appeal then certified a question of great public importance to the Supreme Court of Florida for final resolution.
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Issue:
Under Florida's mechanic's lien law, § 713.06(2)(a), does the 45-day period for a subcontractor to provide a 'Notice to Owner' begin when the subcontractor performs off-site preparatory work, such as selecting materials, or when the subcontractor first furnishes services or materials at the actual job site?
Opinions:
Majority - Harding, J.
No, the 45-day period does not begin with off-site preparatory work; it commences when a subcontractor begins to furnish services or materials at the job site. First, a binding contract is a prerequisite for a mechanic's lien, so actions taken without a contractual obligation cannot trigger the notice period. Second, the court rejected the intermediate appellate court's proposed 'totality of the circumstances' test in favor of a clear, bright-line rule to provide certainty for both owners and subcontractors. This on-site commencement rule is consistent with the statutory language of Florida's mechanic's lien law, which must be strictly construed and is intended to protect both suppliers from non-payment and owners from double payment. By establishing commencement as the first furnishing of labor or materials at the job site, all parties have a clear and unambiguous event that starts the 45-day notification clock.
Analysis:
This decision establishes a crucial bright-line rule in Florida construction law, replacing potential uncertainty from a 'totality of the circumstances' test with a clear 'job site' trigger for the Notice to Owner deadline. By providing a predictable and easily verifiable starting point, the ruling enhances certainty for subcontractors in preserving their lien rights and for property owners in managing potential lien claims. The court's disapproval of the 'over-the-counter' exception in Arlington Lumber further simplifies and unifies the law, ensuring that the 'delivery to job site' rule applies broadly to material suppliers, thereby reducing litigation over when the notice period commences.
