Under Florida Statutes Chapter 713, what is the maximum time period after recording a claim of lien that a contractor has to file a lawsuit to enforce the lien?
Correct Answer
C) 1 year
Florida Statutes Chapter 713 requires that a lawsuit to enforce a construction lien must be commenced within one year after recording the claim of lien. Failure to file within this timeframe results in the lien becoming null and void.
Why This Is the Correct Answer
Florida Statutes Chapter 713.22 specifically states that an action to enforce a construction lien must be commenced within one year after the recording of the claim of lien. This one-year period is a strict statutory deadline that cannot be extended. If a contractor fails to file the lawsuit within this timeframe, the lien automatically becomes null and void by operation of law, regardless of the validity of the underlying claim.
Why the Other Options Are Wrong
Option A: 60 days
60 days is too short and not the statutory requirement. This timeframe might be confused with other construction-related deadlines but does not apply to lien enforcement lawsuits.
Option B: 90 days
90 days is the timeframe for recording a claim of lien after the last furnishing of labor or materials, not for filing the enforcement lawsuit. This creates confusion between the recording deadline and the enforcement deadline.
Option D: 2 years
2 years exceeds the statutory limit and would result in an invalid lien enforcement action. Florida law specifically limits the enforcement period to one year to provide certainty and finality to construction projects.
Memory Technique
Think '90 days to file, 1 year to fight' - 90 days to record the lien, 1 year to fight it in court through a lawsuit.
Reference Hint
Florida Statutes Chapter 713, specifically Section 713.22 - Action to Enforce Lien
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