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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