Legal Question in Construction Law in Florida

In Florida, how long after the final work is done, can you wait to file a Mechanic or Construction Lien? How long are they in effect?

Can these liens be assigned to a 3rd party?

Thanks.


Asked on 3/25/10, 8:45 am

2 Answers from Attorneys
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

A Claim of Lien needs to be filed within 90 days of the completion of the work. The liens are generally in effect for a period of 1 year.

www.balesfirm.com

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Answered on 3/30/10, 8:52 am
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

Liens can be assigned to a 3rd party.

Do not wait 90 days to file the lien, the term "last work" has a very specific legal definition and the completion of punch list items is not considered last work.

You must file a construction lien foreclosure lawsuit within a year of filing the lien or the lien is lost.

Depending on whether you are a GC, subcontractor, or supplier, you may have additional steps to perfect your lien beyond filing the lien in the public records.

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Answered on 3/30/10, 9:36 am


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