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Is there any penalty for a lein filed after 90 days of services rendered.

Florida

We are a commercial client waiting on our insurance settlement from Hurricane Sally. Work was finished by one contractor october 15, 2020. We have been talking with them the entire time about trying to get our settlement. Then on 02/25/21 they filed a lein (says residential) and said they finished the work on 02/11/21 which is absolutely not correct.Is this lein valid and can the contractor get in trouble for lying about the completion date?

1 reply

Mar 15, 2021

 I'm sorry to hear about the issues you have experienced. While mechanics liens are powerful tools that get construction industry
participants paid, they can be abused. Whether the lien filed was intentional, or a potential claimant just didn't meet the strict statutory requirements to claim a valid enforceable lien, property owners or other interested parties may
have to take some steps to have an insufficient lien removed. There are
several options that may be pursued when a lien is filed against your property. Three of the most common steps that may be taken are:   

  1. Immediately dispute the lien whether through statutorily provided preliminary means, demand to/against the party that filed the lien against you, or a full-blown lawsuit 

2. Force the claimant to file a suit to enforce the lien in a shorter period of time
(if available in your state)
 

3. Just
wait it out
  

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