MythBusting: Lawsuit to Foreclose a Florida Claim of Lien- One year, No extensions!

There is a common misconception(myth) among contractors that the deadline to file a lawsuit on a claim of lien can be extended beyond the one year statutory period  simply by refiling the same claim of lien before the expiration of the first.

This is inaccurate.

Simply put, you have 1 year from the recording of your claim of lien to file a lawsuit to foreclosure that lien.

Florida statute is directly on point.

713.22 Duration of lien.—
(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.

You may ask what keeps me from refiling the same lien and gaining another year. Well , Fla. Stat. 713.08 provides.

713.08 Claim of Lien.–
(5) The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor. However, if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first. The claim of lien shall be recorded in the clerk’s office.

Clearly, the refiling of the same lien at the end of  the first lien’s one-year period is outside the 90 day period after final furnishing of labor and materials, and is therefore invalid as a matter of law.

Accordingly, if you want to preserve your lien rights you MUST FILE A LAWSUIT ON THE LIEN WITHIN ONE YEAR OF RECORDING THE LIEN (which was to be recorded during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.)
*Lien duration can be shortened by an Owner who files a Notice of Contest of Lien 713.22(2), or by serving a  Summons to Show Cause on the validity of the lien, 713.21(4).

Article by: Andrew Douglas, Andrew Douglas, P.A. 954.474.4420,  Home of the Florida Lien Machine, a Do-it-Yourself, Free, Construction Notice Generation Service


Leave a Comment

Skip to content