Legal Question in Construction Law in Florida

florida lien law

I am a Fl general contactor. I filed a lien against a customer for not paying the final $10k. I hired an lawyer to perfect the lien and he filed 5 days too late. Now all I have against her is breech of contract. Is this malpractice? He has lead me to believe over the last year everything was in order. Now he left the firm. Do I have to try to claim my breech of contract before I can file for malpractice? I feel has a Fl contractor I have lost the upper hand without the lien.


Asked on 2/08/08, 3:29 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: florida lien law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: The statute of limitations for filing a claim of lien is ordinarilly 1 year from the date of recording the lien; however it may be shortened to either 60 days or even 20 days. As far as the malpractice is concerned, I am not going to comment.

Good luck,

Randall Gilbert

www.theconstructionlawyers.com

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Answered on 2/08/08, 12:55 pm


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