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Mechanic liens and filling a law suit

FloridaLawsuitMechanics Lien

We are general contractor and we have some issues with jobs that are completed but the customers are not willing to pay. In several cases we already filled a claim of lien, and in some cases we also proceeded with filling a lawsuit. According to our attorney, the lien is only valid for one year and if we don't proceed with filling the lawsuit, the lien will expire. According to another attorney we have spoken with, there is an option to put a lien on the title which will not expire, can it really be done? In certain cases, we might not want to proceed with filling a a lawsuit in case that the lien will never expire...

2 replies

Nov 8, 2022
The property owner can give you a mortgage on the property instead of you filing a lien and that would stay on the property for an extended period of time. But you cannot force the owner to do that. In Florida, a construction lien expires one year from filing it unless suit to forclose it is commenced within that time period. Caution: the owner can shorten the time of expiration to 60 days from a particular statutory notice or to 20 days from service of a special type of lawsuit.
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Nov 11, 2022
YOU MUST FILE A LAWSUIT WITHIN A YEAR – NO EXCEPTIONS.
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