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Timing to serve lien notice?

FloridaMechanics Lien

Levelset website here states "Mechanics lien claimants in Florida must record their mechanics lien within 90 days from the last day they provided labor, services or materials to a construction or renovation project." Yet Florida law appears to say it is 45 days once work has begun. 713.06(2) states "The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1." So is the Levelset website wrong? Is it 45 days? 90 days? and from what point? Thank you.

1 reply

Dec 20, 2019
Florida mechanics liens must be filed within 90 days of last furnishing labor or materials to the project. To be sure, this is set out at Fla. Stat. § 713.08(5), which reads in relevant part: "The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor." And, once a Florida mechanics lien is filed, notice of that lien filing must be given either prior to the lien filing, or within 15 days of when it's recorded. The 45-day deadline referenced above in your question does, in fact, lie at Fla. Stat. § 713.06(2). However, that section of Florida's mechanics lien statute creates the deadline for sending Notice to Owner ("NTO") - which is a preliminary, informational notice required near the start of the job. You can learn more about that notice at the following pages: (1) Florida NTO Guide & FAQs; and (2) Florida’s Notice to Owner – How To Prepare & Send Your NTO. For additional information on filing a Florida mechanics lien, including discussion on the lien deadline, the following resources should be helpful: - Florida Mechanics Lien Guide and FAQs - How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid
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