Construction Liens – Must Record in 90 Days NO EXCEPTIONS

Posted on: June 10th, 2015 by doughiller No Comments

Construction Liens – Must Record in 90 Days NO EXCEPTIONS

This is a statutory provision that lienors must obey without exception.  With respect to the time period a lienor has to record a claim of lien, Chapter 713 provides that, “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.” (emphasis added)  The statute defines this trigger as “the final furnishing of labor, services, or materials by the lienor.”  Lienors have made costly mistakes by miscalculating the deadline to record a claim of lien by using the date the lienor returned to the jobsite for clean-up or to complete punch list work.  If you are unsure of your deadline to record a claim of lien, consult your attorney because miscalculating by even one day can be a very costly mistake, resulting not only in the loss of your lien rights, but also exposing you to attorney’s fees incurred in fighting the lien and, possibly, a claim for slander of title.

For help or assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

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