Legal Question in Construction Law in Florida
I filied a mechanics lien in Florida, typo occured on date services first furnish, the month and year are there, not the day....will this negate the filed lien??
1 Answer from Attorneys
Section 713.08, Florida Statutes provides in pertinent part: "the negligent inclusion or omission of any information in the claim of lien which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien." Therefore, as long as the missing day information has not prejudiced the owner (and it is difficult to see how it could) and the lien is otherwise valid, the missing day will not invalidate the claim of lien. If you are still within the 90 days from last furnishing labor, materials, or services, you can record an amended claim of lien.
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