ANTONE MACCORONE AND VICTORIA MACCORONE, HIS WIFE, APPELLANTS,
v.
RINKER MATERIALS CORPORATION, A FLORIDA CORPORATION, APPELLEE
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Maccarone homeowners appeal a mechanics' lien foreclosure judgment, claiming their property is exempt under Florida law because the underlying concrete work contract was under $2,500 and they had no privity with the materialman. The court agrees and reverses, holding that the 1978 amendment to the mechanics' lien exemption statute extends protection to all improvements under $2,500, not just additions to existing structures.
The court held that under § 713.02(5), any improvement costing $2,500 or less is exempt from mechanics' liens of non-privity lienors, regardless of whether the improvement is an addition to an existing structure or independent construction. The Maccarones' property was exempt because the concrete slab contract was under $2,500 and Rinker had no privity with them.
[1] A property owner's property is exempt from mechanics' liens for improvements where the contract price is $2,500 or less, provided the owner is not in privity with the mat…
[2] The exemption from mechanics' liens for improvements with a contract price of $2,500 or less applies to new construction, not solely to additions or repairs of existing s…
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Join FLexlaw to unlock all legal intelligence“[a]ny improvement for which the contract price is $2,500 or less shall be exempt from all other provisions of this part I [relating to mechanics' liens] except the provisions of s. 713.05 [relating to liens of persons in privity]”
Statutory text of § 713.02(5) establishing the exemption at issue
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Join FLexlaw to unlock all legal intelligenceIn 1982, the Maccarones contracted orally with Bob Strunk to perform concrete slab work on their property for $1,102.82, intending eventually to build…
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HERSEY, Judge.
Appellants, Maccarone, appeal a final judgment entered in a mechanics’ lien action awarding to appellee, Rinker, $60.60 in damages, $91.50 court costs and $150.00 in attorney’s fees. The issue on appeal is whether the underlying transaction was exempt from the Mechanics’ Lien Law.
In 1982 appellants entered into an oral contract with one Bob Strunk to perform concrete slab work on property owned by appellants for a price of $1,102.82. Appellants intended eventually to build a home on the property. Upon completion of the slab work, Strunk was paid in full by appellants.
Rinker supplied concrete for the price of $860.60. Rinker was not paid by Strunk. In 1983 Rinker instituted proceedings to foreclose its mechanics’ lien. Notice to Owner and Claim of Lien had been timely filed. An $800 payment was made prior to trial (apparently by Strunk), leaving a balance due of $60.60. Rinker continued the litigation, demanding costs and attorney’s fees.
Appellants’ sole defense was that their property is exempt from Part I of the Mechanics’ Lien Statute pursuant to Section 713.02(5), Florida Statutes (1983), since the contract price was for less than $2,500, and Section 713.05 permits recovery only if the owner is in privity with the materialman. Rinker responds that the exemption for contracts less than $2,500 relates to additions to existing structures rather than to the construction of entire structures.
The trial court held that the exemption was not applicable to this case, and thus found in favor of Rinker. Section 713.02(5), Florida Statutes (1983), provides that “[a]ny improvement for which the contract price is $2,500 or less shall be exempt from all other provisions of this part I [relating to mechanics’ liens] except the provisions of s. 713.05 [relating to liens of persons in privity].” An “improvement” means “any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit.” § 713.01(8), Fla.Stat. (1983) (emphasis added). “ ‘Contract price’ means the amount agreed upon by the contracting parties for performing all labor and services and furnishing all materials covered by their contract_” § 713.01(3), Fla.Stat. (1983). We find no cases interpreting this provision. However, we consider the following persuasive:
Prior to October 1, 1978, an owner’s property was exempt from mechanics’ liens of non-privity lienors where repair or remodeling improvements were made. This is because § 713.02(5) (1977) provided an exemption where an improvement was made to an existing improvement costing $500.00 or less.
In 1978, the Florida legislature amended the exemption contained in § 713.-02(5). § 713.02(5) eliminated the phrase “to an existing improvement.” Presently, any improvement within the monetary limits of § 713.02(5) is exempt from liens of non-privity lienors, even though it is independent of existing improvements.
The obvious purpose of the exemption is to protect the property owner in small transactions from liens accruing to the benefit of individuals with whom he has had no contact. Under such circumstances the materialman or subcontractor is in a much better position to protect his own interest than is the property owner who probably knows nothing about mechanics’ liens. Thus, we accept appellants’ position. The concrete slab work was for a contract price less than $2,500. Moreover, appellants and Rinker are not in privity. Therefore, appellants’ property is exempt from the mechanics’ lien law.
Because Section 713.02(5), Florida Statutes (1983) unambiguously exempts appellants’ property from Rinker’s claim of lien, the final judgment of the trial court is reversed and the cause remanded for the determination of a reasonable attorney’s fee to be awarded appellants, the prevailing parties below and on this appeal.
REVERSED AND REMANDED.
GLICKSTEIN and DELL, JJ., concur.
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R & L Constr., Inc. v. Cullen, 557 So. 2d 931 (Fla. 5th DCA 1990)…l court was authorized to enter a judgment for the owners and dismissal of the contractor’s action is a proper judgment in favor of the defendant-owners. AFFIRMED. DANIEL, C.J., and W. SHARP, J., concur. . Cf. Maccorone v. Rinker Materials Corp., 453 So. 2d 509 (Fla. 4th DCA 1984); see also, 2 Florida Mechanics’ Lien Manual, § 23.01(B)(1). . See Carpineta v. Shields, 70 So. 2d 573 (Fla.1954). See also Prince v. McLaughlin, 431 So. 2d 276 (Fla. 5th DCA 1983); Trawick Florida Practice and Procedure, § 25-6,…