Filing a Claim of Lien and Discharging a Lien In Florida
Florida Mechanic Liens are addressed in Chapter 713 of the Florida Statutes. Interpreting the terminology is sometimes difficult, which is why it’s highly recommended that you seek the counsel of a Jacksonville construction attorney when reading and interpreting the statutes to avoid errors.
Filing a Claim of Lien
To claim a lien, a contractor must record and obtain the following items as outlinedin Section 713.08 of the Florida Statutes:
- Name of lienor and an address where the notices can be served to the lienor
- Name of the person the lienor contracted or who employed them
- All labor, services and materials furnished
- A description of the real property, enough for identification
- Name of the owner
- The time when the first and last labor, service, or material items were supplied
- The amount unpaid to the lienor
- The date and method of service of notice to the owner
The claim of lien must be recorded no later than 90 days after the final appointing of the labor, services, or materials by the lienor. It’s always recommended that your Jacksonville construction lawyer assist you when filing a claim. The lienor will have one year to file a lawsuit before the claim is voided. The one year rules does have a couple of special exceptions. If there is a proper amendment to the claim, the date may be extended. Additionally, if the owner files a “Notice of Contest of Lien,” the one year deadline for the lienor is shortened to 60 days after service of the notice to file a lawsuit or the claim is denied.
Discharging a Lien
After the time frame for the lienor to file a lawsuit has passed, the defending party has the right to file a “Discharge of Lien.” This is filed to show any party in the future that while a lien was filed, the claim of lien was discharged or voided. It’s important to acknowledge and understand that a “Discharge of Lien” does not erase the original claim of lien from public records.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.