The
Claim of Lien must be actually recorded,
by the Clerk of the Circuit Court, no later than ninety
(90) days after the last date that labor, services, or materials
were furnished by the lienor pursuant to its contract. Corrective
work, punchlist work, and warranty work cannot be included
or considered in calculating this ninety (90) day period.
Florida Statutes section 713.08(5) was amended in
1999 to specifically state that this ninety (90) day period
shall not be measured by any other standard, such
as the issuance of a certificate of occupancy, or the issuance
of a certificate of substantial completion. The Florida
appellate courts have established the following four-prong
test to be applied in determining whether particular work
constitutes a “final furnishing” under the statute:
- Was
the work done in good faith?
- Was
the work performed in a reasonable time?
- Was
the work performed pursuant to the terms of the contract?
- Was
the work necessary to complete the job?
For
rental equipment, the Claim of Lien must be recorded no
later than ninety (90) days from the date the rental equipment
was last on the job site available for use, whether or not
it was actually being used. In instances where the original
contractor defaults, or the original contractor’s
contract is terminated pursuant to Florida Statutes
section 713.07(4), any Claim of Lien for labor, services,
or materials provided by a lienor to the original contractor
pursuant to the owner’s contract with the original
contractor must be recorded no later than the earlier
of:
- Ninety
(90) days from the date of the original contractor’s
default, or
- Ninety
(90) days from the date of the lienor’s last furnishing
of labor, services, or materials pursuant to the contract
with the original contractor.
For purposes of calculating the ninety (90) days, the last
day a prospective lienor provides labor, services, or materials
is not counted and if the ninetieth (90th) day falls on
a Saturday, Sunday, or legal holiday recognized by Florida
Statutes, the deadline for recording the Claim of Lien
is extended to the next day that is not a Saturday, Sunday,
or legal holiday.
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