Contesting a Mechanic's Lien in Florida

Under Florida law, filing a statutory Notice of Contest of Lien can defend property against a lien. See 713.22 Fla. Stat (2016).

A mechanic's lien, when filed against property, is valid for one year after the recording date. ( 713.22(1)). The lienor can extend that time past one year by filing a lawsuit to enforce the lien prior to its expiration. When a lien is recorded, however, a property owner may file a Notice of Contest of Lien within the one-year period to dispute the lien's validity. This Notice includes the lienor's name and address, details about the recorded lien, the owner's name, and the signing date. It should also meet all state and local formatting requirements for documents submitted for recording.

Once the notice is recorded, the clerk serves it on the lienor at the address in the lien, putting the lienor on notice that he or she must file a lawsuit to enforce the lien within 60 days. This can shorten the enforceability period because once the lienor receives the Notice of Contest of Lien. If the lienor fails to file a lawsuit within the shortened timeframe, it renders the lien invalid.

Each case is unique, so contact an attorney for more information about contesting a lien or other questions about Florida's Construction Lien Law.

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