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Can a FL owner served a construction lien contest it with 20 days (or less) for claimant to respond instead of 60 days?

A contractor roofer did not complete 95% of contracted work on our 1,600 sf residential rehab property. The 10% he work he did complete was wrong, not to code and unsafe. He never filed a Notice of Commencement. He admitted poor workmanship in conversation during our home inspection in front inspector as witness. Our contract for 21K for a metal roof included existing shingle tear-off, which he did. He installed felt, sloppy, with insufficient spacing and qty of nails, failing county code inspection. He repaired a small truss incorrectly, not to code and unsafe, per our home inspector. We fired him (and hired a qualified roofer who saw the shoddy work, and completed all work to code). We offered him $1,200 ($60sq labor) for shingle tear-off, some 2x4's & felt (which we had to rebuy new). He told us to fly a kite and sent an invoice for over $5,000. It included labor he didn't do and an $1,100 dumpster he never provided (they used our dumpster). He then filed a lien for over $5,000. We learned after he has numerous similar complaints around town with other clients. He also cost us 2 1/2 month production delay (worth approximately $2,600 at cost we'll never get back). Q: CAN A FL OWNER CONTEST A LIEN WITH 20 DAYS (OR LESS) FOR CLAIMANT TO RESPOND INSTEAD OF 60 DAYS? Q: CAN ANY OF THE ABOVE SOMEHOW RESULT IN VOIDING HIS LIEN? Q: TO WHOM CAN WE SEND THIS INFORMATION NOW TO REVIEW, TO SAVE US MONTHS CONTESTING THE LIEN? Thank you! Keep up the good work!

1 reply

Mar 17, 2020

Generally, a Florida mechanics lien claimant must file suit to enforce their claim within 1 year of when the lien was recorded. But, as you mention above, this timeframe can be shortened. If a Notice of Contest of Lien is filed by the owner, then the lien claimant will have 60 days from that filing to enforce their lien claim. And, a Notice of Contest can easily be filed with the county recorder's office, much like a lien would be filed. An owner can shorten that timeframe for the claimant to act even further if they file and serve a summons and complaint to show cause why the claimant's lien shouldn't be enforced or vacated. Because this is a legal complaint, though, doing so will likely require the help of a Florida construction attorney - and they should be able to guide you through that process. In either event - if the claimant fails to enforce their lien or fails to show cause, then their lien would become unenforceable. As for having someone review your documentation or having them help with that process - here's a list of Florida construction attorneys who regularly contribute at the Expert Center. You can sort them by cities on the right hand toolbar. For more information on Florida's mechanics lien rules: Florida Mechanics Lien Guide and FAQs.

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