Legal Question in Construction Law in Florida

mechanical lien

Can a company place a mechanical lien on my condo if I am the president of the condo association and they have outstanding invoices?


Asked on 7/22/08, 2:13 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: mechanical lien

Florida Statute 713.08(5) provides that "The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor." http://www.theconstructionlawyers.com/construction-laws-713-08.html Your facts do not detail where the work was being performed, or whether the work was performed prior to or after the condo association was formed. This makes a difference as to what property can be liened in a condo. Also, because you are calling it a mechanic's lien, this leads me to believe that someone may be using an outdated form, because the word "mechanic's lien" has not been used since about 1994 when the statute was changed to call them "claim of lien."

Good Luck,

Randall Gilbert

Board Certified Construction Litigator

www.theconstructionlawyers.com

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Answered on 7/23/08, 7:38 am


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