Florida General Contractor Florida General Contractor 3 — Questions and Answers
Question 1: Under Florida's Construction Lien Law, how many days does a lienor typically have to record a claim of lien after the last furnishing of labor or materials?
- 90 days (Correct answer)
- 30 days
- 180 days
- 365 days
Correct answer: 90 days
A claim of lien must be recorded within 90 days after the final furnishing of labor, services, or materials to the project.
Question 2: A subcontractor not in direct contract with the owner must serve what document to preserve lien rights?
- Notice to Owner (Correct answer)
- Notice of Commencement
- Final Affidavit
- Notice of Termination
Correct answer: Notice to Owner
The Notice to Owner alerts the property owner that a subcontractor or supplier may claim a lien, and must generally be served within 45 days of first furnishing.
Question 3: What is the purpose of the Contractor's Final Payment Affidavit in Florida?
- To state that all lienors have been paid or list those still owed before final payment (Correct answer)
- To request an extension on the building permit
- To transfer the license to a new qualifier
- To cancel the Notice of Commencement
Correct answer: To state that all lienors have been paid or list those still owed before final payment
A contractor in direct contract with the owner must furnish the Final Payment Affidavit at least 5 days before filing a lien suit, listing unpaid lienors.
Question 4: How long is a recorded claim of lien valid in Florida before it must be enforced by lawsuit?
- 1 year (Correct answer)
- 6 months
- 2 years
- 5 years
Correct answer: 1 year
A claim of lien remains valid for one year from recording, after which it must be enforced through a foreclosure action or it expires.
Question 5: Which Florida statute chapter governs the Construction Lien Law?
- Chapter 713 (Correct answer)
- Chapter 489
- Chapter 553
- Chapter 440
Correct answer: Chapter 713
Chapter 713 of the Florida Statutes sets out the Construction Lien Law and related lienor rights and procedures.
Question 6: An owner may shorten a lienor's time to file suit by serving what?
- A Notice of Contest of Lien (Correct answer)
- A Notice of Commencement
- A Certificate of Occupancy
- A stop-work order
Correct answer: A Notice of Contest of Lien
Serving a Notice of Contest of Lien reduces the lienor's enforcement period to 60 days from service.
Question 7: A Notice of Commencement generally expires after what period unless a different date is specified?
- 1 year (Correct answer)
- 90 days
- 6 months
- 5 years
Correct answer: 1 year
Unless it states a longer or shorter effective date, a Notice of Commencement is effective for one year after recording.
Florida General Contractor Florida General Contractor 3
Under Florida's Construction Lien Law, how many days does a lienor typically have to record a claim of lien after the last furnishing of labor or materials?