Under Florida lien law, if a Notice to Owner is not properly served, what is the consequence for the potential lienor?
Correct Answer
D) Lien rights are lost entirely
Under Florida Chapter 713, failure to properly serve a Notice to Owner within the required timeframe results in the complete loss of lien rights. The Notice to Owner is a prerequisite for maintaining lien rights on private projects.
Why This Is the Correct Answer
Under Florida Statute Chapter 713, the Notice to Owner is a mandatory prerequisite for preserving lien rights on private construction projects. If this notice is not properly served within the required timeframe (typically within 45 days of first furnishing labor or materials), the potential lienor completely forfeits their right to file a construction lien. There are no partial remedies or alternative protections - the lien rights are entirely extinguished.
Why the Other Options Are Wrong
Option A: The lien filing period is extended to 120 days
Florida lien law does not provide for partial lien rights or limitations to recent work periods when the Notice to Owner is improperly served. The consequence is complete loss of lien rights, not a reduction in the recoverable amount to the last 30 days of work performed.
Option C: The lien amount is limited to the last 30 days of work
An improperly served Notice to Owner does not result in a valid lien with reduced priority. Instead, it completely eliminates the ability to file any construction lien. Priority becomes irrelevant when no lien rights exist.
More Contract Admin Questions
A project experiences a 30-day delay due to unusually severe weather. The contract includes a liquidated damages clause of $1,000 per day for delays. If the weather delay is excusable but not compensable, what liquidated damages apply?
A commercial project requires a total of 12 inspections. The building department charges $85 per inspection for the first 5 inspections, $65 for inspections 6-10, and $45 for any additional inspections. What is the total inspection fee?
What document must be posted at the job site before a Certificate of Occupancy can be issued for a commercial building?
A mixed-use development requires a variance for reduced setbacks. The property is located within 500 feet of a hospital. What additional consideration must be addressed?
A LEED project requires tracking of regional materials. Materials are considered regional if they are extracted, harvested, or recovered, as well as manufactured within what distance of the project site?
An indemnification clause in a construction contract typically requires the contractor to:
A property owner wants to convert a single-family home into a duplex in an area zoned for single-family residential use. The conversion meets all building codes but violates density requirements. What approval is needed?
As-built drawings are typically required to be submitted:
AIA Document A401 is primarily used for:
A general contractor is building a 12,000 square foot commercial warehouse. The building permit fee is calculated at $8.50 per $1,000 of construction value. If the project value is $2,400,000, what is the building permit fee?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Project Management
60 questions · 70% to pass