| Can
I Amend a Claim of Lien? |
After
the Claim of Lien has been recorded, it can be amended by
recording the Amended Claim of Lien in the same manner as
required for an original Claim of Lien, provided the amendment
is recorded within the time frame allowed for recording
the original Claim of Lien, and also provided that the amendment
does not cause any harm to anyone for having acted in good
faith in reliance on the original Claim of Lien. Even though
the statutes do not provide for amending the Claim of Lien
after the original time period for recording the lien has
lapsed, there is some case law authority that even after
the original time period has lapsed, the Claim of Lien can
be amended unless the owner can demonstrate prejudice as
a result of the amendment.
Where a timely amendment to a Claim of Lien has been recorded,
the statute of limitations for filing suit to foreclose on
the Claim of Lien is one (1) year from the date of the recording
of the Amended Claim of Lien, pursuant to a 2007 amendment to
Florida Statutes Section 713.22(1). However, the statute of
limitations is extended only for an amended claim of lien that
shows a later final furnishing date than the original 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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