Legal Question in Construction Law in Florida

Re: What one should do after fileing a cliam of linewhen the other party does no

Please note that the following comments are for general informational purposes only, should not be treated as a substitute for legal advice and do not create an attorney / client relationship. The following comments are based only on your question and the information you have provided.

Your message is a little unclear. If you have in fact already properly filed, recorded and served a Notice of Contest of Lien, Florida law provides that the time to foreclose the Claim of Lien was shortened to 60 days. If the 60 days has passed without the claimant instituting lien foreclosure proceedings, the Lien is most likely already discharged as a matter of law.

With regard to the remaining issues of a fraudulent lien and the failure to be licensed, these are issues that could have been used to defend the lien foreclosure action, which may now be unecessary. In addition, you may have an independant cause of action against the lien claimant for damages incurred. Additional information would be needed to evaluate the merits of your potential claims aginst the lienor. Hope this information was helpful. Best of luck to you.

Should you have any further questions, please feel free to give us a call at (954)229-1008.

REILLY ROCHE LLP

Re: What one should do after fileing a cliam of linewhen the other party does no

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: Assuming it was a contractor that filed the lien, if the Contractor's scope of work required a license then as a prerequisite to filing a lien, the contractor was required to be licensed. If you have further questions, then contact the undersigned.

Sincerely,

Randall Gilbert