Legal Question in Construction Law in Florida

Re: construction lien

Pursuant to Florida Statute Section 713.08 in order for a lien to be valid it must contain, a statement stating that "THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN." Therefore, if the lawsuit was not filed within 1 year from the date of recording of the lien then the lien is null and void, but it will still appear in the public records. I do not know what the status of the case is but you may point this out to them and ask them or the court to enter an order discharging the lien pursuant to the above statute.

In addition Florida Statute 713.22(1) states "(1) No lien provided by this part shall continue for a longer period than 1 year after the claim of lien has been recorded or 1 year after the recording of an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded."

For further information that may help you go to our website at http://www.theconstructionlawyers.com/ for free forms and information. Good luck,

Randall Gilbert