Menu

Timescale

FloridaLien ForeclosureMechanics Lien

How long do I have to wait to take the next step after filing a lien in Florida and what do I need to do to take that next step.

6 replies

Jun 25, 2020
Once a Florida mechanics lien has been filed, a copy of the claim needs to be sent to the property owner within 15 days of filing. After this, the claim will be valid for one year from the date the claim was filed. An enforcement action will need to be filed within this 1-year period.  If not the claim will expire and no longer be enforceable. One additional step you can take is to send a Notice of Intent to Foreclose. This is an optional step, but it's typically effective at inducing payment. Consider it a final warning shot that if you aren't paid within x amount of days you are willing and able to file a foreclosure lawsuit. You should consult with a local, Florida construction attorney to advise and guide you through the foreclosure process. Here are some additional resources you may find helpful:
1 person found this helpful
Helpful
Jun 25, 2020
Thank you, I appreciate your quick response. How long do I have to wait to send the Notice of Intent to Foreclose?
0
Report Spam
Jun 25, 2020
Since a Notice of Intent to Foreclose isn't a required document under FL lien laws, it's really up to you. However, I'd recommend giving the lien a bit of time to work its magic. You should at least allow a few weeks after filing the claim to allow the owner and the GC (or just the owner depending on your role) to talk things out and figure out a solution. The only important deadline you really need to keep in mind is the 1-year enforcement deadline. Good luck!
0 people found this helpful
Helpful
Jun 25, 2020
Thank you, I am the GC and there's no working this thing out! If she contests for no other reason than she decided that we took too long even though additional work and change orders were signed for that work, what do we do under those circumstances.
0
Report Spam
Jun 25, 2020
Speaking of "contesting your lien" that is one document to look out for. If the property owner records and sends you a Notice of Contest, this can drastically shorten your deadline to enforce your claim to just 60 days from receipt of the notice. So be prepared for that possibility. In any event, if the dispute ends up in court, then the owner may try to present evidence of delays. However, generally speaking (and since you have signed and approved change orders), you are still entitled to recover the reasonable value of the labor and materials that you provided. Even if the owner somehow successfully proves their delay claims, it will likely be nominal, and only work to offset the amount of the lien claim you're entitled to.
0 people found this helpful
Helpful
Jun 26, 2020
Hi, you should consult with a construction attorney. You have one year from the date of recording your lien to take action to enforce it. Whether the change orders or other work extended the time for completion, or whether there were other mitigating circumstances, is something that an attorney would be able to help you determine. Further, if the property owner caused the delays, then they may be liable to you for associated increased costs. Feel free to reach out if you have an further questions.
0 people found this helpful
Helpful