Legal Question in Construction Law in Florida

Claim of lien

I filed a claim on a construction project as a subcontractor. The owner's lawyer served me a protest to my claim of lien with 60 days to respond. What is this and how do I respond?


Asked on 6/06/01, 4:15 pm

1 Answer from Attorneys
Frank Reilly Reilly Roche LLP

Re: Claim of lien

Because I do not know all of the facts, I can only render general legal advice regarding this matter. You should contact a lawyer as soon as possible to protect your lien rights.

Under Florida law, a lienor has one year to file suit after filing his Claim of Lien. However, an owner may accelerate the process to 60 days by filing a Notice of Contest of Lien. The Notice of Contest of Lien is specifically authorized under Florida Statutes, and failure to comply with the Notice in a timely manner will operate to extinguish a lienor's right to claim a lien on the property.

When served with a Notice of Contest of Lien, the next step for the lienor is to file a lawsuit to foreclose the lien. Even if you decide not to hire a lawyer, it may be a good idea to speak with one before you file suit. Feel free to give me a call if I can be of further assistance. I'll be happy to speak with you at no charge.

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Answered on 6/27/01, 2:55 pm


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