Real estate improvement contract; “prime contractor”; “subcontractor”; “subsubcontractor”

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  • (a) A “real estate improvement contract” means an agreement to perform services, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including:

    • (1) alteration of the surface by excavation, fill, change in grade, or change in a shoreline, beach, stream, salt pond, impounding reservoir, marsh, watercourse, watergut or waterway;

    • (2) construction or installation on, above, or below the surface of land;

    • (3) demolition, repair, remodeling, or removal of a structure previously constructed or installed;

    • (4) seeding, sodding, or other landscaping operation; and

    • (5) preparation of plans, surveys, architectural or engineering plan or drawings for any change in the physical condition of land or structures.

  • (b) A person who has entered into a real estate improvement contract is:

    • (1) a “prime contractor” if he has contracted with the owner,

    • (2) a “subcontractor” if he has contracted with a prime contractor, or

    • (3) a “subsubcontractor” if he has contracted with a subcontractor.

  • (c) A contract for the mining or removal of coral, minerals, soil, sod, or things growing on land or other similar contracts in which the activity is primarily for the purpose of realizing upon the disposal or removal of the objects removed is not a “real estate improvement contract”.


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