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Under Florida Statutes Chapter 713, what is the maximum time period after recording a claim of lien that a contractor has to file a lawsuit to enforce the lien?

Correct Answer

C) 1 year

Florida Statutes Chapter 713 requires that a lawsuit to enforce a construction lien must be filed within one year after recording the claim of lien. Failure to file within this timeframe results in the lien becoming null and void.

Answer Options
A
60 days
B
90 days
C
1 year
D
2 years

Why This Is the Correct Answer

Florida Statutes Chapter 713.22 specifically states that an action to enforce a construction lien must be commenced within one year after recording the claim of lien. This one-year period is a strict statutory deadline that cannot be extended. If a contractor fails to file the lawsuit within this timeframe, the lien automatically becomes null and void by operation of law, regardless of the validity of the underlying claim.

Why the Other Options Are Wrong

Option A: 60 days

60 days is too short and not the statutory requirement. This timeframe might be confused with other construction-related deadlines in Florida law.

Option B: 90 days

90 days is also too short and not the correct statutory period. This might be confused with the 90-day deadline for recording the original claim of lien after completion of work.

Option D: 2 years

2 years exceeds the statutory requirement and would result in an invalid enforcement action. The statute specifically limits the enforcement period to one year to provide certainty and finality to lien claims.

Memory Technique

Think 'One year to go to court' - after you record your lien, you have exactly one calendar year to file your lawsuit or lose your lien rights forever.

Reference Hint

Florida Statutes Chapter 713.22 - Action to Enforce Lien; Time Limitation

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