A court enforces a lien against the improvement alone rather than the land. What may it order?
Correct Answer
D) Separate sale of the improvement, with removal in a fixed time
Section 713.11 allows the court enforcing such a lien to order the improvement to be separately sold, permits the purchaser to remove it within such reasonable time as the court fixes, and requires the purchase price to be paid into court.
Why This Is the Correct Answer
Section 713.11 allows the court enforcing such a lien to order the improvement to be separately sold, permits the purchaser to remove it within such reasonable time as the court fixes, and requires the purchase price to be paid into court.
Why the Other Options Are Wrong
Option A: A money judgment against the landowner for the improvement's value
The stated remedy is a sale, not a judgment against the landowner.
Option B: Sale of the land together with the improvement to satisfy the lien
The enforcement is against the improvement alone.
Option C: Forfeiture of the improvement to the landowner without payment
The statute provides no forfeiture to the landowner.
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A notice of nonpayment negligently omits a detail, and neither the contractor nor the surety is prejudiced. What is the effect on the claim?
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A general contractor wants an uncertified subcontractor to perform carpentry within the general contractor’s own licence scope. Does s. 489.113(2) allow it?