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Can a contractor file a lien after 10 months on my property?

Can a contractor file a lien after 10 months on my property?

Q: How long does a contractor have to file a lien in Tennessee?

In Tennessee, a contractor has up to 12 months from the completion of the work to file a lien against a property. If the contractor fails to file within this timeframe, they lose the right to enforce the lien. It's important to keep track of the completion date to know your rights regarding any liens filed.

Q: When to file a notice of completion in California?

In California, a notice of completion should be filed within 10 days after the project is completed. Filing this notice can shorten the time frame for subcontractors and suppliers to file a lien against the property. It's a strategic move to protect your interests and clarify the completion status of the work done.

Q: When a notice of completion has been filed the original contractor has _____ days to record a lien?

When a notice of completion has been filed in California, the original contractor has 60 days to record a lien against the property. This timeframe is reduced from the usual 90 days that apply when no notice of completion is filed. Timely action is crucial to protect your rights.

Full question:

A lien was filed against my property, by the contractor, 10 months after the completion of the job. I thought that a lien had to be filed within the first 3 months after. If this is true, what do I do next? Do I have legal recourse without getting a lawyer?

Category: Real Property
Subcategory: Liens
Date: 04/07/2025
State: National

Answer:

In Florida, a contractor can file a lien within 12 months after the work is completed, regardless of when the job was finished. If the lien was filed after this period, you may have grounds to contest it.

If no notice of lien was recorded, you must act within 12 months from when the work was done or materials were supplied. If there was a recorded lien, you have 12 months from that date to enforce it (Fla. Stat. § 85.051).

While you may seek legal recourse without a lawyer, consulting with one could provide clarity on your situation and options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to respond to a construction lien?

To respond to a construction lien, first verify the details of the lien, including the amount and the work performed. If you believe the lien is invalid, you can file a dispute with the appropriate court. You may also want to contact the contractor to resolve the issue directly. If the lien is legitimate and you owe money, consider negotiating a payment plan. It's advisable to consult with a lawyer to understand your rights and options in this situation.

How to dispute a lien?

To dispute a lien, gather evidence that supports your claim, such as contracts, payment records, or correspondence with the contractor. File a formal dispute with the court where the lien was recorded, outlining your reasons for contesting it. You may also need to notify the lien claimant of your dispute. Consulting a lawyer can help you navigate the legal process and strengthen your case.

How long does a contractor have to file a lien in Tennessee?

How does the lien process work?

The lien process typically starts when a contractor or supplier files a lien against a property for unpaid work or materials. This filing must be done within the state-specific timeframe, which can vary. Once filed, the property owner is notified, and they may need to respond or contest the lien. If unresolved, the lien can lead to legal action, potentially resulting in a foreclosure of the property to satisfy the debt.