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Is a biohazard remediation company eligible to place a mechanical lien on a property?

ABS is brought into a property to remediate biohazard events that have rendered a home or business uninhabitable. ABS performs biorecovery and decontamination services to bring the home or business back to a livable state. ABS operations can range from $2000.00 to $80,000.00. Would ABS be eligible for placing mechanical liens on properties it has remediated?

1 reply

Aug 21, 2018

The question of what types of labor or materials qualify for mechanics lien protection can be thorny. Oftentimes, the answer turns on whether the labor/materials is considered contribution of a "permanent" improvement.

In Florida, the protection of a mechanics lien is broadly available, including but not necessarily limited to the following parties: prime contractors, subcontractors, sub-subs, laborers, material supplier to owner/contractor/sub/or sub-sub, and professionals (architect, landscape architect, interior designer, engineer, surveyor or mapper).

A biohazard remediation company would likely be considered an improvement to the property giving rise to lien rights protection - but it is not completely cut and dried, and could still conceivably depend on the scope of work for a particular job.

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