Florida Construction Law

A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days.  Failure of the lienor to timely file a lawsuit renders the lien invalid.  (from dbpr). Trenton H. Cotney Florida Bar Certified in Construction Law www.trentcotney.com

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 failu...