Full question:
A Florida licensed building contractor who normally practiced in the Sarasota, FL area contracted to rebuild my house after Hurricane Andrew. I fired him for nonperformance after his last completed step payment which I paid but he then filed a mechanics lien on my house (1994) for work not yet completed. The lien in fact was for reconstructing the entire house even though he only finished a small fraction of it. An attorney that I went to told me that the lien would expire in 1 year if he did not file suit so I just ignored it. Recently, I found out that that lien as well as one filed by one of his suppliers on my house is still listed on the Miami Dade county clerk's website. Do I need to petition the county clerk to have the lien removed or is it possible that it remains valid ?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Florida
Answer:
A lien must be enforced within 12 months of filing a lien in Florida. It is possible a claim of lien may be extended by amendment if further work was performed, or materials supplied. Florida law provides that, "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 following are FL statutes:
713.21 Discharge of lien. —
A lien properly perfected under this chapter may be
discharged by any of the following methods:
(1) By entering satisfaction of the lien upon the margin of
the record thereof in the clerk's office when not otherwise
prohibited by law. This satisfaction shall be signed by the
lienor, the lienor's agent or attorney and attested by said
clerk. Any person who executes a claim of lien shall have
authority to execute a satisfaction in the absence of actual
notice of lack of authority to any person relying on the
same.
(2) By the satisfaction of the lienor, duly acknowledged and
recorded in the clerk's office. Any person who executes a
claim of lien shall have authority to execute a satisfaction
in the absence of actual notice of lack of authority to any
person relying on the same.
(3) By failure to begin an action to enforce the lien within
the time prescribed in this part.
(4) By an order of the circuit court of the county where the
property is located, as provided in this subsection. Upon
filing a complaint therefor by any interested party the
clerk shall issue a summons to the lienor to show cause
within 20 days why his or her lien should not be enforced by
action or vacated and canceled of record. Upon failure of
the lienor to show cause why his or her lien should not be
enforced or the lienor's failure to commence such action
before the return date of the summons the court shall
forthwith order cancellation of the lien.
(5) By recording in the clerk's office the original or a
certified copy of a judgment or decree of a court of
competent jurisdiction showing a final determination of the
action.
85.051 Time of bringing action. —
When there has been no record of a notice of lien, action to
enforce a lien (if it exists without such record) must be
brought within 12 months from the accrual of the unpaid
rent, the performance of the work, or the furnishing of the
materials, and if there has been such record, the action
must be brought within 12 months from the time of such
record.
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.
