Florida Statutes
Part I - Construction Liens (Ss. 713.001-713.37)
713.28 - Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.


(1) If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an action to enforce the same under the provisions of this part, he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her.
(2) In any action heretofore or hereafter brought a court may, either before or after the final adjudication, award a summary money judgment or decree in favor of any party. This shall not preclude the rendition of other judgments or decrees in the action.
(3) If, upon the sale of the real property under any judgment or decree there is a deficiency of proceeds to pay the amount of such judgment or decree, the judgment or decree may be enforced for the deficiency against any person liable therefor in the same manner and under the same conditions as deficiency decrees in mortgage foreclosures. Any payment made on account of any judgment or decree in favor of a party shall be credited on any other judgment or decree rendered in favor of that party in the same action.
History.—s. 1, ch. 63-135; s. 35, ch. 67-254; s. 815, ch. 97-102.
Note.—Former s. 84.281.

Structure Florida Statutes

Florida Statutes

Title XL - Real and Personal Property

Chapter 713 - Liens, Generally

Part I - Construction Liens (Ss. 713.001-713.37)

713.001 - Short title of part.

713.01 - Definitions.

713.012 - Written notices, demands, or requests.

713.015 - Mandatory provisions for direct contracts.

713.02 - Types of lienors and exemptions.

713.03 - Liens for professional services.

713.04 - Subdivision improvements.

713.05 - Liens of persons in privity.

713.06 - Liens of persons not in privity; proper payments.

713.07 - Priority of liens.

713.08 - Claim of lien.

713.09 - Single claim of lien.

713.10 - Extent of liens.

713.11 - Liens for improving land in which the contracting party has no interest.

713.12 - Liens for improving real property under contract with husband or wife on property of the other or of both.

713.13 - Notice of commencement.

713.132 - Notice of termination.

713.135 - Notice of commencement and applicability of lien.

713.14 - Application of money to materials account.

713.15 - Repossession of materials not used.

713.16 - Demand for copy of contract and statements of account; form.

713.165 - Request for list of subcontractors and suppliers.

713.17 - Materials not attachable for debts of purchaser.

713.18 - Manner of serving notices and other instruments.

713.19 - Assignment of lien.

713.20 - Waiver or release of liens.

713.21 - Discharge of lien.

713.22 - Duration of lien.

713.23 - Payment bond.

713.235 - Waivers of right to claim against payment bond; forms.

713.24 - Transfer of liens to security.

713.245 - Conditional payment bond.

713.25 - Applicability of ch. 65-456.

713.26 - Redemption and sale.

713.27 - Interplead.

713.28 - Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.

713.29 - Attorney’s fees.

713.30 - Other actions not barred.

713.31 - Remedies in case of fraud or collusion.

713.32 - Insurance proceeds liable for demands.

713.33 - Disbursing agent and others may rely on owner’s notices.

713.345 - Moneys received for real property improvements; penalty for misapplication.

713.346 - Payment on construction contracts.

713.3471 - Lender responsibilities with construction loans.

713.35 - Making or furnishing false statement.

713.37 - Rule of construction.