Home>Levelset Community>Legal Help>I have posted a prelein now have posted a lein on a clients property, how long should I wait to force a forclosure on the property to get paid. I am a contractor & have a signed contract.

I have posted a prelein now have posted a lein on a clients property, how long should I wait to force a forclosure on the property to get paid. I am a contractor & have a signed contract.

FloridaLawsuitLien DeadlinesLien ForeclosureMechanics Lien

I was asked to look at boat dock that was damage beyond repair by hurracain Erma . I went out to look at the potential job, & the entire dock was lying in the Lake. I was not aware that to measure the length of the dock that I needed to get into the water & had not taken any other clothing to change into. I called the homeowner to tell them that in order to give a quote the existing dock would have to be measured. I was told at that time that the dock was 80' long, told the home owner that they needed to be sure. After me calling the owners 4 times & asking if they had measured the dock, I was told that they had found the past paperwork when the dock was first built & that it was 80' long. I then told the owners that I was going to Quote the Rebuilt Dock being 80' long & 4' wide. They agreed, so I typed up the contract for the replacement of 80' of dock, material & labor. I received a down payment of $1500.00, & started the job. I orderd the material for 80' of dock & started removing the fell dock out of the lake. the homeowner came down where I had been working & seen that I had removed quit a bit of the dock out of the lake, I told Him at that time that I had removed the 80' fo dock that we had agreed on & I was told by the owner to remove the rest of the dock that was in the lake. I told the owner that there would be an additional charge for the removal & replacement of the downed dock. So I did as I was told by the owner, when I had removed the downed dock I called the owners wife because he phone number was the only number that I was given. The Mrs. answered the phone & I told Her that I needed to have a conversation with Her & her Husband, She asked what this pertained to & I told Her that all of the dock had been removed & taken apart & that I needed to get their signature on an additional work order, She told me at that time that She knew how to take care of an Contractor, but that she would tell her Husband. The next day I had a conversation with the Husband about the additional work & He asked me how much was the Bill at that time, I told him, He told me to gather my tools & leave & he would call me the next day & tell me what they had decieded to do & to email His wife a Invoice. So I did as he said. I didn't hear from him for a week, Then I received a Letter from His Attorney Stating that He represented The Owners, that I had Breeched My Contract & that they didn't need any of my services any longer & that I was to contact Him & not Them. I sat down & shot Him a letter Telling Him what had been done to the dock & that I was told to leave.

1 reply

Jul 20, 2018
Provided that all the rules and requirements to file a valid and enforceable mechanics lien have been satisfied (notice requirements, timing requirements, formal requirements, etc.) a Florida mechanics lien will remain enforceable for a period of 1 year from the date of filing. If an action to enforce is not initiated within that 1-year period, the lien will expire and no longer be enforceable.

The one-year period may be shortened, however. If the owner or owner’s agent files and serves a Notice of Contest of Lien, the time limit is shortened to 60 days from that date the notice was filed. Also, any interested party may shorten the time limit to a mere 20 days by filing and serving a summons and complaint to show cause why the lien should not be enforced by suit, or vacated.

If neither of the mechanisms to shorten the period have been undertaken, the claimant may initiate the action to enforce the lien whenever s/he wants within the 1-year period.
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