Florida Broker Practice Exam

What is the result if a construction lien is not filed within the required timeframe?

1. The lien becomes invalid

2. It can be filed later with a penalty

3. The contractor loses all rights

4. It becomes effective after 120 days

The correct answer is: The lien becomes invalid

If a construction lien is not filed within the required timeframe, the lien becomes invalid. This timeframe is crucial because the law sets specific deadlines to ensure that all parties involved in a construction project are protected and have clear expectations regarding payments and claims. Typically, in Florida, the deadline for filing a construction lien is within 90 days from the last date of work performed, unless a notice of claim of lien has been served. When the timeframe lapses, the right to enforce the lien is lost, and consequently, this means that the claimant cannot seek recovery or assert a claim against the property under the lien law. This provision is in place to encourage timely communication and resolution among contractors, property owners, and lienholders, thereby facilitating the efficient management of construction projects and disputes. Therefore, failing to adhere to this timeline results in the invalidity of the lien, effectively terminating any claims to secure payment through this legal mechanism.