Moody and Shea, P.A.

What Notice has to be Given of the Recording of a Claim of Lien?

All lienors must serve a copy of the Claim of Lien upon the owner, and any additional persons specified for receipt of notices in the Notice of Commencement. The Claim of Lien is to be served in the same manner as described above for service of a Notice To Owner. The Claim of Lien must be served prior to, or no later than fifteen (15) days after, recording the Claim of Lien. While a 2005 statutory amendment added the clear mandatory requirement that the Claim of Lien be served on the owner, the statutory language remained unchanged that failure to serve a copy of the Claim of Lien does not make the lien automatically unenforceable or void, but does render it voidable to the extent that the failure to timely serve the copy of the Claim of Lien is shown to have been prejudicial to any person who was entitled to rely upon service of the Claim of Lien.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.

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