The lien of any lienor upon whom such notice is served and who fails to institute a suit to enforce his or her lien within 60 days after service of such notice shall be extinguished automatically. You are notified that the undersigned contests the claim of lien filed by you on, (year), and recorded in Book, Page, of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 60 days from the date of service of this notice. Florida Statute §713.22(2) provides the following form for a Notice of Contest of Lien: NOTICE OF CONTEST OF LIEN
Pursuant to Florida Statute §713.22(2), “n owner’s attorney may elect to shorten the time prescribed…within which to commence an action to enforce any claim of lien…by recording in the clerk’s office a notice….” Following the filing of the Notice of Contest, a copy will be sent to the address of the lienor (the address found on the recorded Claim of Lien), putting the lienor on notice that the 60-day time period has begun and the lien will extinguish if the lienor does not exercise their rights within that time frame. The shortened time period to enforce the lien is strictly construed by the courts and often times, when the heat is on, the lienor will fail to meet this quick deadline thereby losing their right to file suit. This can put pressure on the lienor to use it or lose it. Owner’s Ability to Shorten the Time Period of Enforcement of a Lienīy recording a Contest of Lien, a property owner may shorten the time period that the lienor can enforce their lien. Moreover, “a lien that has been continued beyond the 1-year period…is not enforceable against creditors or subsequent purchasers for a valuable consideration….” Fla. Per Florida Statute §713.22(1), a lien may not exceed the time period of 1-year (1) after the claim has been recorded, or (2) after the recording of an amended claim of lien with a showing of the last date of furnishing labor, services, or materials, notwithstanding the time an action to enforce the lien is filed. Upon the recording of a lien against a property owner’s real property, the clock begins ticking for the lienor to bring an action to enforce the lien. Standard Time Period for Enforcement of a Construction Lien Specifically, the Notice will begin a 60-day time period for the lienor to file their action to foreclose on the lien or lose their lien rights completely.Ī. Recording a Contest of Lien puts the spotlight on the lienor to act. If a dispute arises regarding the appropriateness or accuracy of a recorded lien, it may be in the property owner’s best interest to file a Notice of Contest of Lien. Next in this series, we discuss the owner’s right to contest a Claim of Lien recorded on their property.
Gonzalez and Jessica Cappock OctoPosted in Construction Law Share Florida’s Construction Lien Laws: Owner’s Contest of Lienīy James M.
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