Under Florida Statute Chapter 713, what is the maximum time period after recording a Claim of Lien that a lienor has to file a lawsuit to enforce the lien?
Correct Answer
B) 1 year
Florida Statute 713.22 requires that a lawsuit to enforce a construction lien must be filed within one year after recording the Claim of Lien, or the lien becomes void and unenforceable.
Why This Is the Correct Answer
Florida Statute 713.22 specifically mandates that a lawsuit to enforce a construction lien must be commenced within one year after the Claim of Lien is recorded. This is a strict statutory deadline that cannot be extended or waived. If the lienor fails to file the lawsuit within this one-year period, the lien automatically becomes void and unenforceable, regardless of the validity of the underlying claim. This time limit is designed to provide certainty and prevent liens from remaining as clouds on title indefinitely.
Why the Other Options Are Wrong
Option A: 2 years
90 days is too short and is not the statutory requirement under Florida law. This timeframe might be confused with other construction-related deadlines, but it does not apply to lien enforcement lawsuits.
Option D: 90 days
2 years exceeds the statutory requirement and would allow liens to remain as clouds on title for too long. Florida law specifically limits the enforcement period to one year to balance the rights of lienors with the need for title certainty.
Memory Technique
Use the phrase 'ONE and DONE' - you have ONE year from recording to file suit, or your lien is DONE (void). Also remember: 12 months to sue = 1-2 (one year, section 713.22).
Reference Hint
Florida Statutes Chapter 713 - Construction Liens, specifically Section 713.22 regarding enforcement of liens
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