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An owner records a conditional payment bond and believes the property is now shielded from construction liens. Is it?

Correct Answer

A) No, the property is not exempt from liens filed under part I

Section 713.245(3) states that the owner's property is not exempt from liens filed under part I, and that all lienors must comply with the part to preserve and perfect their lien rights. That is the trade-off for a bond whose coverage is limited to what the contractor has been paid.

Answer Options
A
No, the property is not exempt from liens filed under part I
B
Yes, a recorded bond transfers all lien claims onto the bond itself
C
No, unless the bond amount equals the full contract price
D
Yes, as to lienors not in privity with the contractor

Why This Is the Correct Answer

Section 713.245(3) states that the owner's property is not exempt from liens filed under part I, and that all lienors must comply with the part to preserve and perfect their lien rights. That is the trade-off for a bond whose coverage is limited to what the contractor has been paid.

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