State-Wide Construction, Inc. v. Dowda

DAUKSCH, Judge.

This is an appeal from an order dismissing a mechanic’s lien foreclosure action.

This is a case of first impression and we are asked to interpret the meaning of “deliver” as it is meant in section 713.-06(3)(d)(l):

The contractor shall give to the owner an affidavit stating, if that be the fact, that all lienors under his direct contract have been paid in full or, if the fact be otherwise, showing the name of each lienor who has not been paid in. full and the amount due or to become due each for labor, services, or materials furnished. The contractor shall have no lien or right…