Under Florida lien law, what is the time limit for filing a Claim of Lien after the contractor's final furnishing of labor or materials?
Correct Answer
C) 90 days
Florida Statute 713.08 requires that a Claim of Lien be filed within 90 days after the contractor's final furnishing of labor, services, or materials to the improvement.
Why This Is the Correct Answer
Florida Statute 713.08 specifically establishes a 90-day time limit for filing a Claim of Lien after the contractor's final furnishing of labor, services, or materials. This 90-day period is critical because it represents the statutory deadline that cannot be extended or waived. Missing this deadline results in the complete loss of lien rights, making it one of the most important deadlines in Florida construction law. The statute is very clear and unambiguous about this timeframe.
Why the Other Options Are Wrong
Option A: 45 days
45 days is too short and not the statutory requirement under Florida law. This timeframe might be confused with other construction-related deadlines but does not apply to lien filing.
Option B: 60 days
60 days is incorrect and may be confused with other statutory periods in construction law, but Florida specifically requires 90 days for lien filing under F.S. 713.08.
Option D: 120 days
120 days exceeds the statutory requirement and would result in an invalid lien filing. Florida law is strict about the 90-day limit and does not allow this extended timeframe.
Memory Technique
Remember '90 days to save your pay' - the 90-day lien filing deadline is your last chance to protect your right to payment through a construction lien.
Reference Hint
Florida Statutes Chapter 713 - Construction Liens, specifically Section 713.08 regarding time limitations for filing liens
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