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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