Deadlines Under Floridas Construction Lien Law

2004 by Jose M. Chanfrau, IV Esq.

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Timing

Event Triggering Filing Commencing Construction.

Notice of Before Commencement improvements start but not sooner that 90 days prior to commencing improvements.

Consequences of Failure to File Timely Owner or lender must record it.

Length of Time It is Effective 1 year unless amended.

Notice to Owner

Before the expiration of 45 days from the lienors first work or delivery of materials at the site. 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; or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use. Suit must be commenced within 60 days after service of it.

First work or delivery of materials to persons who are not in privity with the owner.

A prerequisite to recording a valid lien for persons required to serve notice.

N/A

Claim of Lien

After Service of Notice to Owner for non-privity contracts or at any time during the progress of the work.

Cannot 1 year from Record Claim its date of of Lien. If the recordation. Claim of Lien is not served within 15 days of recording, it renders the lien voidable.

N/A After service of Notice of Contest of Lien. Lien is extinguished automatically.

Notice of Contest of Lien

after the date that the rental equipment was last on the job site available for use. Notice of Contest of Lien Suit must be commenced within 60 days after service of it. Before the expiration of 45 days from the lienors first work or delivery of materials at the site. Timing Event Triggering Filing Event Triggering Filing First work or delivery of materials by a contractor not in privity with the owner. Consequences Length of of Failure to Time It is File Timely Effective Consequences Length of of Failure to Time It is File Timely Effective A prerequisite 1 year unless to recording a action is valid lien for brought to persons enforce it. required to serve notice such as persons not in privity with the general contractor. After service of Notice of Contest of Lien. Lien is extinguished automatically. N/A

Notice to Contractor (Payment Bond)

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Timing

Notice to Contractor (Unconditional Private Payment Bond) F.S. 713.23

Before the expiration of 45 days from the lienors first work or delivery of materials at the site. However, if the Notice of Commencement is not recorded, the bond is not attached when recorded or the bond is not referenced in

the notice, the lienor shall have 45 days from the date it is first notified Of the bonds existence.

Notice to Contractor (Conditional Private Payment Bond) F.S. 713.245

The owner's property is not exempt from liens. All lienors must comply with the provisions of Chapter 713 to preserve and perfect those lien rights such as filing a Notice to Owner and filing a Claim of Lien. Please note that even though a Notice of NonPayment is not technically required in this type of bond, it should be sent anyway in case the conditional bond is deemed to be an unconditional one. A lienor is required, as a condition precedent to recovery under

First work or delivery of materials to persons who are not in privity with the owner. After Service of Notice to Owner for nonprivity contracts or at any time during the progress of the work.

1 year unless action is brought to enforce it.

Notice of NonPayment (Un conditional Payment Bond)

The final furnishing of labor, services, or materials by the lienor.

A condition precedent to recovery under the bond.

N/A

the bond, to serve a written notice of nonpayment to the contractor and the surety not later than 90 days after the final furnishing of labor, services, or materials by the lienor. Contractors Affidavit A contractor must give a final payment affidavit under a direct contract when a final payment becomes due. Contractor shall execute affidavit at least five days before instituting action as a prerequisite to the institution of any action to enforce a lien even if the final payment was not due. (Note that there is some authority that a subdivision improver may not have to file an affidavit.) There are no lien rights in Florida when When a final payment becomes due. Contractor shall execute affidavit at least five days before instituting action as a prerequisite to the institution of any action to enforce a lien even if the final payment was not due.

Public Payment Bonds F.S. 255.05

Public bonds are treated the same as

work is performed on publicly owned property. F.S. 255.05, (the so called The Little Miller Act named after the federal Miller Act) requires that every person entering into a contract with a governmental entity in excess of $100,000.00 to repair or contruct a public facility to provide a payment and performance bond. This requirement may be waived by the government for contracts $200,000.00 or less.

Unconditional Private Bonds.