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Business & FinanceRegulationsmedium15% of exam part

A lienor last furnished materials 104 days ago and served a valid notice to owner. No extension or time-computation adjustment applies. Under section 713.08(5), what is its position on recording a claim of lien?

Correct Answer

D) The recording period has expired; it closed at 90 days after final furnishing

The ordinary recording limit is 90 days after final furnishing. Day 104 is 14 days beyond it, so the stated recording period has expired. A timely notice to owner does not itself extend that deadline, and an invoice date does not replace final furnishing. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.08.html

Answer Options
A
It may still record, because the 90 days runs from the date of the last invoice
B
It has until day 365, since the notice to owner was served in time
C
It may still record, because the period is tolled while the owner disputes the amount
D
The recording period has expired; it closed at 90 days after final furnishing

Why This Is the Correct Answer

The ordinary recording limit is 90 days after final furnishing. Day 104 is 14 days beyond it, so the stated recording period has expired. A timely notice to owner does not itself extend that deadline, and an invoice date does not replace final furnishing. Source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.08.html

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