Legal Question in Construction Law in Florida

Construction liens

A contractor has placed a lien on me personally for non payment, however I am not the owner of the property. The owner listed me on the Notice of Commencement as an additional person to receive copies of notices only. They have also turned me in to a collection agency. How can I have the lien vacated and cancelled of record? What is the best way to show that this never should have been placed against me in the first place?


Asked on 6/12/08, 3:50 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Construction liens

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: Here are two options, (1) You can pay the clerk of court or county recorder's office to record and serve a NOTICE OF CONTEST OF LIEN and if no lawsuit is filed against you in 60 days from service then the lien is automatically discharged; or (2) You can serve the other person with an Order to Show Cause as to why the Lien should not be discharged and if no foreclosure lawsuit is filed against you within 20 days from service then the court will discharge the lien.

Good Luck,

Randall Gilbert

www.theconstructionlawyers.com

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Answered on 6/12/08, 3:58 pm


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