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A direct contract is terminated under s. 713.07(4) on June 1, and a subcontractor’s final furnishing was May 20. When does its recording period close?

Correct Answer

C) 90 days after final furnishing or 90 days after termination, whichever occurs first

Section 713.08(5) adds a second clock when the direct contract ends early: "if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first." Here final furnishing on May 20 closes first, on August 18.

Answer Options
A
90 days after final furnishing in every case, since termination affects only the contractor
B
1 year after termination, because termination restarts the lien period
C
90 days after final furnishing or 90 days after termination, whichever occurs first
D
90 days after termination in every case, since termination supersedes furnishing

Why This Is the Correct Answer

Section 713.08(5) adds a second clock when the direct contract ends early: "if the original contract is terminated under s. 713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first." Here final furnishing on May 20 closes first, on August 18.

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