What must a material supplier be able to prove in order to claim a lien?
Aside from the common elements required of all lien claimants, material suppliers must prove actual incorporation of materials into the real property on which the claim is made. This is often difficult to verify, as suppliers rarely have employees on construction projects verifying actual use of materials provided. As a result, Florida law provides that after evidence is presented which establishes materials were delivered to a job site, it is presumed they were incorporated into the real property. Delivery tickets often suffice to meet this burden of proof. If materials are sold over the counter, specific information should be obtained from the customer confirming which project the materials are intended for. This information will further be helpful in completing a Notice to Owner. There are certain limited exceptions to incorporation requirement that are carved out by statute and case law.
