Construction Liens – Duration of Liens
How long does a construction lien remain valid and enforceable?
With one exception (discussed below), a construction lien lasts for only one year after the claim of lien has been recorded or one year after the recording of an amended claim of lien that shows a later date of final furnishing of labor, services, or materials. (See Florida Statutes Section 713.22.) The lien automatically expires, unless within that year an action to enforce the lien is commenced. A lien that has been continued beyond the one year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for value without notice, unless a notice of lis pendens is recorded.
An owner or the owner’s attorney may elect to shorten the one year deadline to file suit to enforce a claim of lien by recording in the county clerk’s office a notice of contest of lien in substantially the form set forth in Section 713.22. The lien of any lienor upon whom a notice of contest is served who fails to institute a suit to enforce his or her lien within 60 days after service of such notice is extinguished automatically. The county clerk must serve a copy of the notice of contest to the lien claimant at the address shown in the claim of lien or most recent amendment thereto and must certify to such service and the date of service on the face of the notice and record the notice.