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Contest a Lien

Florida

Unfortunately the contractor and I (verbally) agreed to a price not to exceed 1k. There was no other discussions and the work was performed to my satisfaction. We received an invoice for $ 3300. I called the contractor who stated it took longer than he expected and that he would file a lien on our property if we did not pay his total invoice which he did. I am filing a notice of contest of lein and was curious of my tactic. I made an error of not not obtaining a written quote and the contractor as well did not provide such therefore my question is merely what the court system think of this situation if we go that route? thanks

1 reply

Sep 15, 2021

A Notice of Contest of Lien shortens the time the contractor has to sue you to enforce that lien from 1 year from the date of recording the lien, to 60 days from the Notice of Contest. If he does not sue you within that 60 days to foreclose the lien, his lien expires by operation of law. By filing the Notice of Contest of Lien you have invited the contractor's lawsuit to happen sooner. You may have defenses though so be sure to consult with a construction attorney.

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