Legal Question in Real Estate Law in Florida

In Florida I was told is that a lean placed by a contractor on a home is not valid if placed on the property after 90 of completion of the job is this correct?


Asked on 5/31/10, 2:40 pm

1 Answer from Attorneys

Lesly Longa Longa Law P.A.

Florida's Construction lien law is embodied in Florida Statutes Sections 713.001-713.37. As it states below, the lien generally must be recorded no later than 90 days after services.

713.08(5) states: "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. However, if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first. The claim of lien shall be recorded in the clerk's office. If such real property is situated in two or more counties, the claim of lien shall be recorded in the clerk's office in each of such counties. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The validity of the lien and the right to record a claim therefor shall not be affected by the insolvency, bankruptcy, or death of the owner before the claim of lien is recorded."

If a contractor has filed a lien, you can file a notice of contest of lien to limit the time in which they can file suit to enforce the lien.

Regards,

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Answered on 6/01/10, 8:26 am


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