Florida General Contractor Practice Exam

Who is considered a privity lienor in the context of construction contracts?

1. The contractor who has the direct contractual relationship with the owner

2. The subcontractor who has a contract with the contractor

3. The supplier who has sold materials to the contractor

4. The project manager hired by the owner

The correct answer is: The contractor who has the direct contractual relationship with the owner

A privity lienor refers to someone who has a direct contractual relationship with the property owner, which is crucial in the context of construction contracts. This relationship establishes the legal basis for the lien rights that the individual holds in relation to the project. In this scenario, the contractor who directly contracts with the owner is in a position to enforce lien rights because they have a formal agreement that secures their interest in the project. This enables them to claim payment if the owner fails to meet their obligations under the contract. The contractual link between the contractor and the owner establishes this privity, which is foundational to lien law. On the other hand, subcontractors, suppliers, and project managers have different types of relationships that do not establish the same direct contractual connection with the owner. Although they play critical roles in the project, their rights to file liens are different and may involve additional steps, such as providing notice, since they do not have a direct contract with the property owner.