Home>Levelset Community>Legal Help>I filed a construction lien, the homeowner filed a contest of lien it expires Aug. 14. I am thinking of hiring an attorney but from my understanding they will have to send a 30 day demand of payment. That will go past the contest of lien date. Will that be a problem?

I filed a construction lien, the homeowner filed a contest of lien it expires Aug. 14. I am thinking of hiring an attorney but from my understanding they will have to send a 30 day demand of payment. That will go past the contest of lien date. Will that be a problem?

I own a construction company and am trying to collect from a client that has not paid.

1 reply

Jul 24, 2019

Every state has a deadline by which an action to enforce a mechanics lien must be initiated, otherwise the lien will expire and become unenforceable. In Florida, the general deadline by which an enforcement (foreclosure) action must be initiated is 1 year from the date the lien was filed. However, this time period can be shortened.

If the property owner files a Notice of Contest of Lien, pursuant to § 713.22, the time period to enforce the lien is shortened to 60 days from the date the notice of contest was served on the claimant. This means that, if a lawsuit to enforce the lien has not been started within 60 days from receiving the owner's notice of contest, the lien "shall be extinguished automatically."

While an individual lien claimant may file an action to enforce their lien by themselves, representing oneself in court is very rarely a good idea. Business entities are generally required to have a lawyer representing them in order to file a lawsuit. Accordingly, it is a good idea to hire a lawyer to file suit to enforce the lien claim before 60 days pass from the date on which the notice of contest was served.

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