Legal Question in Construction Law in Florida

Construction Claim of Lien

We have filed a Construction Claim of Lien in the proper county, and it was recorded. But in error we have the wrong county in our claim of lien form. Do we have to amend it if the county accepted it? Does having the wrong county name on it, cause it to be invalid?


Asked on 4/07/06, 8:53 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Construction Claim of Lien

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: Watch out! You really need to bring this to a local attorney and quickly. If you record an amended claim of lien the same 90 day period applies. If you record an amended claim of lien outside the original 90 day period, you may be blowing your lien rights. Whether or not the wrong county was listed in the lien may or may not be material, depending on the situation. In addition, the lien forms have changed radically over the past few years, and are really a pitfall for those who do not know how to fill them out, and what may and may not be included. Good luck,

Randall Gilbert

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Answered on 4/07/06, 10:49 am


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