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Which is NOT TRUE about Florida Statute 713?

  1. Contractors cannot waive lien rights

  2. Material suppliers have no lien rights if providing to another supplier

  3. Only licensed contractors can enforce a lien

  4. An in privity contractor must file a notice to owner within 45 days

The correct answer is: An in privity contractor must file a notice to owner within 45 days

The assertion that an in privity contractor must file a notice to owner within 45 days is indeed incorrect. In Florida, while an in privity contractor—typically someone who has a direct contractual relationship with the property owner—has certain obligations and rights under the state's lien law, the need to file a notice to owner is generally not applicable to them. This is primarily because the notice to owner requirement is intended for those who do not have a direct contract with the property owner, allowing them to protect their lien rights. Therefore, it is crucial for contractors to understand that those who are in a direct contractual relationship with the property owner are exempt from this notice requirement, as they are already in a position to assert their rights without it. This distinction helps to clarify how lien laws operate in Florida, especially concerning the relationships defined within the various parties involved in construction projects.