When a Florida owner files and sends a Notice of Contest of Lien, that will shorten the timeframe for enforcing the filed mechanics lien. So, when that document is filed and sent, the claimant will only have 60 days to enforce their lien (rather than the usual 1-year timeframe) after the claimant receives the Notice of Contest. If the mechanics lien isn't enforced during that time, then the lien claim will expire.
What does it mean when a Florida Notice of Contest is filed?
Effectively, it's a lot like a dare. If an owner believes the claim is flawed, or if the owner thinks the lien claimant won't actually enforce the lien claim, then the Notice of Contest will dramatically shorten the period of liability. That's because if the new lien enforcement deadline (again - 60 days) comes and goes without an enforcement suit being filed, the owner will no longer need to worry about the lien claim.
Levelset discusses the situation in great detail, here: Florida Owner Contesting A Lien? Contractors Must Act Quickly to Enforce.
How to respond to a Notice of Contest
As for how to respond - that will be different in every situation. Sometimes, it will still be possible to negotiate payment before that shortened enforcement deadline. And, it's possible a Notice of Intent to Foreclose could help with that.
But, it's important to identify the new lien enforcement deadline and to decide whether you'll enforce your lien claim by then. If you will, then it'd be wise to seek out a Florida construction attorney for representation sooner than later. Enforcing a lien means filing a lawsuit, and you'll likely have to have an attorney do that.
Other options will still be on the table if the lien expires
As a final note: Keep in mind that mechanics liens are only one method of recovering payments. And, other options could help to get paid even if you aren't ready to move forward with enforcing a lien claim.
Sending a demand letter, pursuing other/additional legal claims (like breach of contract or under Florida's prompt payment laws, or even sending the debt to collections could be useful alternatives, if need be.
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To add to what Matthew said, in Florida, when you are served a notice of contest of lien, you have 60 days to file suit to enforce your lien. If you do not file suit within that 60 days, your lien is automatically voided. If you intend to enforce your lien, you should consult an attorney TODAY because your 60 days is about to expire.
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