Filing and not Serving a Lien Complaint

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Barring a Notice of Contest or an Order to Show Cause suit, the statute of limitations on a lien claim is one year.  Often, a contractor may be in a position where final payment will occur after the limitations period runs.  A suit can be filed in the appropriate county within the limitations period but not served to protect customer relations. 

However, you do have to serve the complaint no later than 120 days after filing or risk the suit being dismissed.  Rule 1.070, Florida Rules of Civil Procedure states:

If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading directed to that defendant the court, on its own initiative after notice or on motion, shall direct that service be effected within a specified time or shall dismiss the action without prejudice or drop that defendant as a party; provided that if the plaintiff shows good cause or excusable neglect for the failure, the court shall extend the time for service for an appropriate period.  When a motion for leave to amend with the attached proposed amended complaint is filed, the 120-day period for service of amended complaints on the new party or parties shall begin upon the entry of an order granting leave to amend. 

Ideally, the contractor is paid prior to serving the suit.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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