CopyCited 28 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 247, 2009 Fla. LEXIS 257, 2009 WL 465808
...g party" for purposes of entitlement to attorneys' fees. [9] The application of an inflexible bright-line rule that a judgment in any amount on the lien claim mandates "prevailing party" attorneys' fees disregards the fact that a claim of lien under section 713.08, Florida Statutes (2005), requires that the "contract price" or the "value" of the "labor, services or materials furnished," and the "amount unpaid" be part of the "claim of lien." §§ 713.08(1)(c),(g), 713.08(3), Fla....
CopyCited 23 times | Published | Florida 4th District Court of Appeal
...iciently similar to apprise the defendant against whom the claimant had asserted the lien and therefore the defendant was not adversely affected by the error. George J. Motz Construction Corp. v. Coral Pines, Inc.,
232 So.2d 441 (Fla. 4th DCA 1970). Section
713.08, Florida Statutes, in subsection (4)(a) specifically states that: The omission of any foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error....
CopyCited 13 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 7707
...Family Finance Corp. of Bay View,
395 U.S. 337,
89 S.Ct. 1820,
23 L.Ed. 2d 349 (1969). [2] Fuentes v. Shevin,
407 U.S. 67,
92 S.Ct. 1983,
32 L.Ed.2d 556 (1972). [3] See Mitchell v. W. T. Grant Co.,
416 U.S. 600,
94 S.Ct. 1895,
40 L.Ed.2d 406 (1974). [4] F.S. §
713.08(5), F.S.A. [5] F.S. §
713.08, F.S.A....
...ials but in any event before the date of furnishing the affidavit under subsection (3) (d), cl. 1 of this section (affidavit of payment or non-payment required before suit may be instituted), or abandonment, whichever shall occur first. Id. [7] F.S. § 713.08(2), F.S.A....
...[8] Failure to serve any claim of lien in the prescribed manner within ten days after recording renders the claim of lien voidable to the extent that such failure or delay is shown to have been prejudicial to any person entitled to rely on it. F.S. § 713.08(4) (c), F.S.A....
CopyCited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 1984 Bankr. LEXIS 4538, 12 Bankr. Ct. Dec. (CRR) 529
...la.Stat. In order to perfect a mechanic's lien which attached to the improved property, the lienor must then record a claim of lien, ". . . not later than ninety days after the final furnishing of labor or services or materials by the lienor; . . ." § 713.08(5) Fla.Stat....
CopyCited 11 times | Published | Supreme Court of Florida | 1991 WL 101183
...The courts have permitted substantial compliance or adverse effect to be considered in determining the validity of a lien when there are specific statutory exceptions which permit their consideration. See, e.g., Royal Ambassador Condo. Ass'n v. East Coast Supply Corp.,
495 So.2d 932 (Fla. 4th DCA 1986) (addressing section
713.08(4)(a), Florida Statutes, which provides that omission of details or errors in the claim of lien shall not "prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error"); Blinn v....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...fects; and that Aronson had already paid almost $60,000 in excess of the contract price and no change orders had been authorized in accordance with the contract. Thus, the Aronsons contended that the claim of lien was not filed timely as required by Section 713.08(5), Florida Statutes (1977), and that they had fully paid the contract price. Section 713.08(5) provides in pertinent part: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or material by the lienor ....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...to the air conditioner. The punch list items were completed on or about November 1, 1977. Sometime thereafter the air conditioning subcontractor did substantial warranty work on the air conditioner completing his work on or about December 31, 1977. Section 713.08(5), Florida Statutes (1979), provides in part: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor......
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Scott initiated the proceedings on May 5, 1975, by claiming a lien against Premium's land in the amount of $136,971.16 for labor and materials furnished under a site development subcontract with Premium's prime contractor. Secs.
713.01-.36, F.S. 1973. The claim of lien was recorded in accordance with §
713.08....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...than a question of intent. In this instance the jury determined that issue against the appellant. Bucheck's contention that the Saco principals were at least on inquiry notice of the cost-plus contract by virtue of the lien fails for another reason. Section 713.08(5), Florida Statutes (1981), states that recordation of a claim of lien constitutes constructive notice of the contents and effect of the lien....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3145, 2003 WL 1035713
...of the evidence. Michnal's motions relating to the excessive damages were denied. *931 Then, the bench trial on the lien claim was held in October of 2000. The majority of the trial focused on whether or not Palm Coast's lien had been timely filed. § 713.08(5), Fla....
...perty had been July 16, 1997. Consistent with its previous ruling on Michnal's summary judgment, the trial court found the legality of Palm Coast's lien was salvaged by s.
489.128. The court also found the lien was timely filed within the meaning of s.
713.08(5)....
...A hearing was then held on this motion, where the trial court affirmed its earlier rulings, yet this time with more specificity, finding two specific activities, the July 21 fax and Palm Coast's post-termination retrieval of its equipment, constituted "final furnishings" under s. 713.08(5)....
...ractual obligation); §
713.02(7), Fla. Stat. (1997). TIMELINESS"FINAL FURNISHING" Still, Michnal contends even if Palm Coast's lien could have been legally enforceable, the filing of the lien was untimely, and hence the lien is unenforceable. See §
713.08(5), Fla....
...to be resolved by the trier of fact. See Aronson v. Keating,
386 So.2d 822 (Fla. 4th DCA 1980); Wolford v. Sapp,
448 So.2d 1113 (Fla. 1st DCA 1984). The test to be applied in determining whether particular work constitutes a "final furnishing" under s.
713.08(5) is whether the work was done in good faith, within a reasonable time, in pursuance of the terms of the contract, and whether it was necessary to a "finished job." Aronson,
386 So.2d at 823....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 1949, 2009 WL 605394
...e work required under the settlement agreement and, therefore, was entitled to receive the full amount listed in the lien. We affirm as to all other issues raised without further discussion. Affirmed. STEVENSON and DAMOORGIAN, JJ., concur. NOTES [1] Section 713.08, Florida Statutes, provides that a claim of lien "may be recorded at any time during the progress of the work or thereafter, but not later than 90 days after the final furnishing of the labor or services or materials by the lienor."
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...h $5,330.75 remains unpaid." Plaintiff further alleged service of a preliminary notice to the owner [required of a materialman not in privity with the owner, by §
713.06 Fla. Stat., F.S.A.]; and the timely filing of a claim of lien [provided for in §
713.08 Fla....
...whether it was an abuse of discretion and error to reject the lien because of incorrect description of the property in the claim of lien, in the absence of a showing that the owner was adversely affected by the error, in view of subsection (4)(a) of § 713.08, Fla....
...the legal description of the property submitted with the claim of lien was not that of the property involved, the question of *758 whether thereby the owner was adversely affected became a material issue in the case, in view of subsection (4)(a) of § 713.08 of the Mechanics' Lien Law....
...ely affected by such omission or error" the court committed error in rejecting the lien notice and in granting judgment for the defendant at the close of the plaintiff's case. In so holding we have not overlooked the fact that subparagraph (4)(a) of § 713.08 includes the clause "within the discretion of the trial court," *759 in providing that omission of or error in a statement required to be contained in a claim of lien shall not prevent enforcement of the lien against one who has not been adversely affected by such omission or error....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...$7,500 dated January 18, 1980, to Russell who forwarded it to appellants. The $7,500 bill included the $3,600 from the September 14, 1979, bill which was unpaid. The $7,500 bill also went unpaid, and appellee filed a claim of lien on April 15, 1980. Section 713.08(5), Florida Statutes (1979) provides, inter alia, that a claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor....
CopyCited 7 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 479, 1995 Fla. LEXIS 731, 1995 WL 273933
...The trial court refused to enforce the claim of lien after finding that Gazebo's president had not taken an oath when he signed the claim. In addition, the president signed the claim on January 14, 1991, even though the claim included a statement that the lien was hand-posted on January 18, 1991. Section 713.08(3) requires that a claim of lien include an attestation by a notary. Section 713.08(4)(a), states: The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1970 Fla. App. LEXIS 6842
...is fatally defective and amenable to judgment on the pleadings on the basis that the claim of lien designated the lienor's name as George J. Motz rather than George J. Motz Construction Corp. Chapter 713, Florida Statutes, F.S.A. known as the Mechanics' Lien Law, requires pursuant to § 713.08 that the lienor must do the following things in order to perfect his lien. [1] Section (4) (a) of F.S. 713.08, F.S.A., states that any omission in the foregoing details or errors in such a claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such *443 lien as against one who has not been adversely affected by such omission or error....
...l intent. We believe that all the provisions of the statute should be complied with. However, this does not mean that there must be strict compliance with each technical nicety in statements in the claim of lien in order to render it effectual. F.S. Section 713.08(4) (a), F.S.A., makes it clear that substantial compliance with the requirements as to the contents of the claim of lien is all that is necessary in order to be entitled to enforce such lien as against one who has not been adversely affected by an omission or error in the claim of lien....
...and Park Boulevard, Fort Lauderdale, Florida, the lienor furnished labor, services or materials consisting of an addition to the Alden House Nursing Home. The question of whether or not the name George J. Motz was in substantial compliance with F.S. § 713.08, F.S.A., sufficient to assert a cause of action to foreclose mechanic's lien when the plaintiff named in that cause of action is George J....
...gainst the plaintiff, George J. Motz Construction Corp., is reversed and the cause is remanded to the trial court for further proceedings consistent with the views expressed herein. Reversed and remanded. McCAIN and OWEN, JJ., concur. NOTES [1] F.S. Section 713.08, F.S.A....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5943, 2011 WL 1565446
...SRP argued that its amended claim of lien was timely filed based on the work performed in July 2006. The trial court, however, concluded that the amended claim of lien was untimely and that it included work not done pursuant to the contract, thereby rendering it fraudulent. Under section 713.08(5), Florida Statutes (2006), a claim of lien must be recorded no later than ninety days after the "final furnishing" of the labor, services, or material by the lienor....
...However, "[t]he omission of any of the [statutorily required details] or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error." § 713.08(4)(a)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4643302
...of this case sought to discharge this lien on these grounds. To the contrary, the Levys' discharge claim was predicated solely on the allegation that the amount stated as due in J.S.L.'s lien was "willfully exaggerated." Second, the lien was timely. Section 713.08(5) of the Florida Statutes provides that a "claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor." The claim of lien in this case was filed on July 8, 1999....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...as affected by change orders. Any claims exceeding the guaranteed maximum cost would need to be substantiated by valid change orders, changes in the scope of the work, defects in material or workmanship or breaches of the contract. Hobbs argues that section 713.08(1)(c), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 15169
...omplaint with prejudice for failure to state a cause of action. The trial court held that no mechanics' lien foreclosure action could be maintained as Mid-State failed to include in its claim of lien a specific amount remaining unpaid as required by Section 713.08(1)(g), Florida Statutes (1975)....
...It is also uncontroverted that labor and materials were furnished by Mid-State for work on that project. Following cessation of work on the project, the origin of which is not in dispute here, Mid-State filed its claim of lien and filed suit to foreclose its mechanics' lien. The claim of lien followed the form set out in Section 713.08(3), but stated the amount remaining unpaid as "between 30,000.00 and/or 56,500.00." Thereafter Halo filed a motion to dismiss in that the complaint failed to allege a specific amount due and the claim of lien failed to meet statutory requirements by failing to set forth the amount remaining unpaid....
...requisite notice to frame a response to the imposition of this mechanics' lien and resulting foreclosure action. In answering this question in the affirmative we are influenced by the language contained in the pertinent parts of the statute. First, Section 713.08(1)(g) provides in part, "... [A] claim of lien ... shall state: * * * * * * (g) The amount unpaid the lienor for such labor or services or materials." Following that directory language Section 713.08(3) sets forth a form which contains all the required elements of subsection (1). The language utilized to introduce this form in subsection (3) is, "Such claim of lien shall be sufficient if it is in substantially the following form ..." (emphasis supplied). Even more persuasive is the language found in subsection 4(a) of Section 713.08, which states: "The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial *1080 court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error." The conclusion to be drawn from these quoted portions of Section 713.08 is that technical fulfillment of these statutory components in a claim of lien, although desirable, is neither required nor can it form the basis of a denial of enforcement of an otherwise valid lien where the lienor substantially complies with the prescribed requisites....
..." (emphasis supplied) See also : 53 Am.Jur.2d, Mechanics' Liens, §§ 221, 227 (1970). Such a result does not sanction, as asserted by the defendant Halo, any and all errors, no matter how gross, in a claim of lien. In fact, such omissions or errors may, according to Section 713.08(4)(a) be fatal to the maintenance of a mechanics' lien action if the party against whom such lien is asserted can show it has been adversely affected by such omission....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1976 Fla. App. LEXIS 14472
...on Company, Inc. Having received no payment for the labor furnished to T.R. Contractors, Inc., the appellant filed a proper notice to owner pursuant to §
713.06(2), F.S. 1973, and timely recorded a claim of lien in the amount of $880.40 pursuant to §
713.08, F.S....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 5066, 1990 WL 96416
...(3) No liens under this section shall be acquired until a claim of lien is recorded. No lienor under this section shall be required to serve a notice to owner as provided in s.713.06(2) or an affidavit concerning unpaid lienors as provided in s.713.06(3). The time for recording such claim of lien is set forth in section 713.08(5), Florida Statutes, which states in relevant part: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor; ......
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...He completed his portion of the work but, according to the undisputed competent evidence, the general contractor left the job unfinished, and the contract price was unpaid to the extent of approximately $3,000. Appellee Goodwin filed a claim of mechanic's lien against the owners pursuant to Section
713.08, Florida Statutes (1975), but he did not previously serve a notice to the owners of his intention to claim a lien, as required by Section
713.06(2)(a)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Transfer bonds, such as the one in question, serve the public's interest in that they free real property from judicial "limbo" and allow for its alienation. Logically the amount of the bond limits the principal's liability where such liability arises solely from the bond. It should be noted that Section 713.08, Florida Statutes, provides for a lien in the amount remaining unpaid to the lienor for labor or services or materials, but does not provide for inclusion of an amount for the attorneys fees and costs which the lienor may incur in enfo...
CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6293
...lved, the name of the owner, the time the first and last item of materials or service were furnished, the amount unpaid the lienor, and if the lienor is not in privity with the owner then the date and method of service of the notice to owner. F.S.A. § 713.08(1)....
...This actual knowledge on the part of debtor's only general partner would preclude any possibility of double payment to these claimants. Clearly, Boux controls. B. Claim of Lien Only "substantial" compliance with the requirements in Florida Statute § 713.08 is required. A trial court may in its discretion overlook any omission or error in the claim of lien and enforce the lien if the one against whom the lien is being enforced has not been adversely affected. F.S.A. § 713.08(4)(a)....
...rtner and general partner of debtor. Filing a claim of lien under either of these names was sufficient to apprise debtor of the claim of lien. There is no question that debtor had actual knowledge of the lien. This liberal reading of Florida Statute § 713.08 reasonably and fairly carries out the remedial intent of the statute when the debtor/owner is not adversely affected by the error....
...BARKER COMPANY, INC. (the Contractor) The sole issue before the Court concerning James M. Barker Company, Inc., is whether this contractor timely filed its claim of lien within ninety days after the final furnishing of services in accordance with Florida Statute § 713.08(5)....
...In order for the lien to arise, however, the contractor must record a claim of lien ". . . at any time during the progress of the work or thereafter but not later than ninety days after the final furnishing of the labor or services or materials by the lienor." F.S.A. § 713.08(5)....
CopyCited 5 times | Published | Supreme Court of Florida
...he Mechanics' Lien Law dictates that a mechanic or materialman, similarly as a plaintiff in a civil action, may seasonably amend his original claim of lien and serve and record the same within the time the law allows for filing a claim of lien. F.S. Section 713.08(4) (b), F.S.A., expressly so provides....
...ntest directed specifically to the amended claim of lien. If it were otherwise, a mechanic or materialman well might be prevented by the shortening effect of the original notice of contest from putting in motion an amendment of lien pursuant to F.S. Section 713.08(4) (b), F.S.A., to correct any material mistake in his original claim of lien, the filing and recording of which in correct form is a statutory predicate for a new or amended suit to enforce the amount of the lien actually claimed. To be efficacious F.S., Section 713.08(4) (b), F.S.A., authorizes an amended claim of lien to operate forward unaffected by the shortening effects of a priorly filed notice of contest....
...cating that if an amended claim of lien is filed the notice of contest shall be in response to the amended lien and not merely to the original claim of lien. (Emphasis supplied.) F.S. Section
713.22(2), F.S.A., should be read in connection with F.S. Section
713.08(4) (b), F.S.A., so as to give each provision an area of operation. As the majority has it, Section
713.22(2) supervenes Section
713.08(4)(b) and it will avail a lienor nothing if he needs to file an amended claim of lien after the running of the owner's sixty-day notice of contest. Even if the sixty days has not run, the majority decision will have the stifling effect of shortening the time allowed by other statutes, including F.S. Section
713.08(4) (b), F.S.A., for preparing and filing corrective claims of lien and amended suits thereon to the disadvantage of lien claimants....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1974 Fla. App. LEXIS 7283
...Sey Construction Corp., Fla. App. 1971,
247 So.2d 791. An error or omission in a claim of lien under the mechanic's lien law will not prevent the foreclosure of the lien against one who has not been adversely affected by the error or omission. Fla. Stat. §
713.08(4)(a), F.S.A., George J....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 436839
...pancy, even with the existence of punch list items to be corrected. He explained that the punch list items could be considered correction of defects, or simply remedial repair after "final furnishing of labor or services or materials by the lienor." § 713.08(5), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1346
...The record also reflects that the owner itself never filed a notice of commencement, the underlying act that contractors and suppliers rely on as a benchmark to all mechanics lien activities. Finally, I would invoke the harmless error section of the mechanics lien statute, section 713.08(4)(a), to relieve Tri-County's mistake....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...This is an appeal from an order dismissing with prejudice Count I of a complaint which sought to foreclose a claim of lien on the ground that the total omission of the details of labor, services, or material furnished in the claim of lien was, per se prejudicial. We reverse. Section 713.08(4)(a), Florida Statutes (1980), specifically provides that the omission of details or errors in a claim of lien, in the discretion of the trial court, shall not prevent the enforcement of a lien unless there is an adverse effect from such omission or error....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 177
...Accordingly, we reverse that part of the trial court's final judgment awarding Regis attorney's fees. Plaza next contends that the trial court erred in discharging Plaza's mechanic's lien for not serving the contractor's affidavit within ninety days of the last furnishing of labor or materials. We agree. Section 713.08(5) provides that: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than ninety days after the final furnishing of the labor or services or materials by the lienor....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 13006, 2006 WL 2190718
...See Aetna Cas. & Sur. Co. v. Buck,
594 So.2d 280, 281 (Fla.1992); Stresscon v. Madiedo,
581 So.2d 158, 159 (Fla.1991); Johnson v. Aqua Pool Co., Inc.,
725 So.2d 458, 459 (Fla. 2d DCA 1999); Hanley v. Kajak,
661 So.2d 1248 (Fla. 4th DCA 1995). Thus, for example, section
713.08(5), Florida Statutes, requires a claim of lien to be recorded at any time during the progress of work or thereafter, but not later than 90 days after the final furnishing of the labor or services or materials by the lienor, and section...
...*699 Swedroe, Architect/Planners, A.I.A., P.A. v. First Am. Inv. Corp.,
565 So.2d 349 (Fla. 1st DCA 1990). The Fourth District Court under similar circumstances held that the test to be applied in determining whether particular work constitutes a final furnishing under section
713.08(5), is whether the work was done in good faith, within a reasonable time, and in pursuance of the terms of the contract, and whether it was necessary to a "finished job." See Michnal v....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1997 WL 428522
...The approximate amount of this claim was $5,000. [3] We conclude the trial court did not abuse its discretion in determining that this lien was validly recorded within the 90-day period in light of sufficient evidence that some final work was *17 performed in November. See § 713.08(5), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4058013
...We then directed the Association to file a response to Trintec's petition and its motion for clarification. The parties' written submissions disagree regarding the primacy of the condominium law provision regarding mechanic's liens, see section
718.121, Florida Statutes (2006), versus section
713.08, Florida Statutes (2006), the mechanic's lien law requirements themselves....
...the proportions for which the owners are liable for common expenses. See §
718.121(2). B. Chapter 713 Turning next to the mechanic's lien law itself, we consider the validity and enforceability of the actual claim of lien filed by Trintec. Sections
713.08(1)(d) and (e) specify that a recorded claim of lien "shall" state a description of the real property sufficient for identification and the name of the owner....
...Trintec's claim of lien described the entire condominium by identifying each declaration of condominium in its entirety, and it identified the owner as "Countryside Village Property Owners Assoc[iation]" at the address of the Association's designated representative identified in the contract. Section 713.08(4)(a) provides that an omission or error within a claim of lien "shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error." The Association's response commendably concedes that it cannot show any such adverse effect in this case. [3] Section 713.08(4)(b) permits the amendment of a lien "during the period allowed for recording such claim of lien, provided that such amendment shall not cause any person to suffer any detriment by having acted in good faith in reliance upon such claim of lien as originally recorded." Because that period had expired, [4] Trintec could not record an amended claim of lien adding the unit owners at the time the trial court discharged Trintec's lien. Section 713.08(4)(c) directs that a claim of lien "shall be served on the owner," raising again the need to determine *280 the "owner" of the condominium roofs....
...13.06), and a list of subcontractors and suppliers (section
713.165). [3] If the Association had alleged an adverse effect, an evidentiary hearing would have been required to resolve that question of fact. See Royal Ambassador,
495 So.2d at 935. [4] Section
713.08(5) allowed 90 days from the date Trintec's "final furnishing of the labor or services or materials." Trintec's original claim of lien was recorded during that period....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 188, 1994 Bankr. LEXIS 1521, 1994 WL 526035
...or, services, and materials furnished, a description of the real property, the name of the owner, the time the first and last items were furnished, the amount that remains unpaid and the date and method of service on the owner if required. Fla.Stat. § 713.08(2). As long as the one against whom the lien is being enforced is not adversely affected, substantial compliance with the perfection requirements is all that is required. Fla.Stat. 713.08(4)(a); In re Twelve Oaks, Ltd., 59 B.R....
...en was recorded under the name of debtor's general partner and land limited partner, the recording was sufficient to apprise the owner of the lienor's intention to assert a lien. In addition to allowing perfection when the owner's name is incorrect, Section 713.08(4)(a) applies to the omission of or error in any of the statements required to be included in the claim of lien....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1975 Fla. App. LEXIS 14331
...peal. The interlocutory judgment appealed does not determine the issues raised by appellant against appellee Green and, therefore, such issues are still in the bosom of the trial court. The trial court held that appellant substantially complied with § 713.08, F.S....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 1384, 1988 Fla. App. LEXIS 2469, 1988 WL 56526
...performed the last of the labor or furnished or supplied the last of the material for which such claim is made.") (Emphasis supplied); §
713.23(1)(e), Fla. Stat. (1987) (lienor required to serve written notice of nonpayment within ninety days of the failure to receive any payment due from delivery date for any materials); §
713.08(5), Fla....
...did not extend the ninety-day notice period. Again, we agree. In Viking Builders, Inc. v. Felices,
391 So.2d 302 (Fla. 5th DCA 1980), the court considered the effect of repairs on the ninety-day notice required by Florida's Mechanics' Lien Statute, section
713.08(5), Florida Statutes (1979)....
...o make the time within which to file under a mechanic's lien based on the original installation run from the time of performance of such later services. This rule is followed in Florida. Viking Builders,
391 So.2d at 303 (notice of lien, required by section
713.08(5) to be recorded not later than ninety days after final furnishing of labor or materials, held defective; warranty to repair work does not constitute commencement of ninety-day period) (footnote omitted)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 161, 1988 Fla. App. LEXIS 105, 1988 WL 342
...ods, Ltd., Southeast's predecessor in interest on two development properties in Pasco County. Although the lien as then recorded identified the contract out of which the claim arose, it did not include a description of the property as required under § 713.08(1)(d), Fla....
...should have been entered with leave to amend, but nevertheless failed to vacate the original order. We also find error in the failure to enforce the August 8th claim of lien. Although that claim failed to attach a legal description of the property, section 713.08(4)(a) Florida Statutes, clearly states that "the omission of the foregoing details or errors [i.e., legal description] in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as a...
...Halo Development Corp.,
342 So.2d 1078 (Fla.2d DCA 1977). *778 Southeast contends that the failure to include a description of the property when the lien was originally recorded was failure to substantially comply with the lien law. We cannot accept this argument in light of the clear language of
713.08(4)(a) that an omission will not defeat the lien without a showing of prejudice....
CopyCited 3 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4795
...Consequently, on September 5, 1974, petitioner filed a claim of lien against respondent's property in the amount of $6,415. Preliminary notice to owner was mailed the same day. The claim was filed within 90 days from the final furnishing of material as is required by Section 713.08(5)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...he overly broad description of the property liened, *935 the lien should be effective against the respective units according to their proportionate shares of the common expenses. We believe that is the spirit of the lien law as expressly provided in section 713.08(4)(a), Florida Statutes (1981). While the contents of a claim of lien are specified by statute, section 713.08, Florida Statutes (1981), the legislature provided that omissions or errors therein shall not, within the discretion of the court, prevent enforcement of the lien against one unless he is adversely affected by the error or omission. § 713.08(4)(a), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 15728, 2011 WL 4578320
...2D DCA 2011) ("`[T]he omission of any of the [statutorily required details] or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.' § 713.08(4)(a)."); see also Stunkel v....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 637444
...In this action to foreclose a mechanic's lien, the trial court granted summary judgment in favor of the defendants/appellees on the ground that the lien was not recorded within 90 days of the final furnishing of materials to the job site as required by section 713.08(5), Florida Statutes (1993)....
...The same mantel was reinstalled on January 5, 1995. Herpel did not file its Claim of Lien until March 23, 1995; 113 days after the mantel was originally delivered to the property, but within 90 days of the date that the cured mantel was redelivered. Section 713.08(5) provides in pertinent part that: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.... Id. § 713.08(5)....
...Taylor Woodrow Construction Corp.,
565 So.2d 861 (Fla. 2d DCA 1990). Unfortunately, neither Taylor Woodrow nor Moretrench are of much help in resolving the instant case because both cases dealt with section
255.05(2) and the meaning of " complete delivery " of rental equipment, rather than section
713.08(5) and the " final furnishing " of purchased materials....
...conditioning warranty work, but later than 90 days of occupancy and completion of the punch list items. The contractor argued that his claim of lien was timely and relied on the air conditioning work as being the final furnishing of the labor under section 713.08(5), Florida Statutes (1979)....
...Under the circumstances, it is clear that the additional work on the mantel was performed to complete the job in compliance with the contract. Accordingly, we find that appellant properly recorded its Claim of Lien within 90 days of the final furnishing of materials to the job site as required by section 713.08(5), Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6050873, 2013 Fla. App. LEXIS 18153
...because the contractor was entitled to proceed with its claim of lien against the condominium association as representative of the unit owners). As the Petitioners conceded, the relationship between Premier Finishes and *242 PFI Construction was not made clear by way of the initial pleadings. 3 Section 713.08(4)(b) permits the amendment of a claim of lien “during the period allowed for recording such claim of lien, provided that such amendment shall not cause any person to suffer any detriment by having acted in good faith in reliance upo...
...Construction Lien Law’s time requirements is necessary since “[c]on-tracting parties need certainty about when time periods for notification begin”). Since Premier Finishes is now forever barred from amending the claim of lien, we must address section 713.08(4)(a), which provides that “[t]he omission of any of the foregoing details or errors in such claim of lien[ 5 ] shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.” (Emphasis added.) Mr....
...It is further alleged that Premier Finishes entered into the contract with the Owner under said fictitious name, making Premier Finishes the actual party to the contract. . A claim of lien may not be recorded “later than 90 days after the final furnishing of the labor or services or materials.” § 713.08(5). It is undisputed that the work was completed in February 2012. . See generally § 713.08(1)-(3).
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...Section
713.05, Florida Statutes (1975), provides that the type of lien at issue here, a lien claimed by a person in privity with the owner, is acquired when a claim of lien is recorded. A lien is perfected by recording a claim of lien in the manner and form set forth in Section
713.08, Florida Statutes (1975)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 15634
...oldmar Homes was the sole owner of the real property being improved. On March 13, 1975, Goldmar Homes conveyed the property by warranty deed to appellees, Richard E. and Kathy A. Deck. On April 14, 1975, appellant filed a claim of lien pursuant to F.S. 713.08....
...operty before appellant filed its claim of lien and where no notice of commencement was filed. Appellant primarily argues that since the claim of lien was recorded within 90 days after the final furnishing of labor and materials [1] as required by F.S. 713.08(5), its claim of lien should be effective against purchasers who acquire their interest from the original owner within the said 90 day period....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...In December, 1974, Moody and his laborer, Sullivan, entered into an agreement for Sullivan to perform work for Moody, which work was terminated the same month. The contract went into default between Snavely and Rogers which resulted in defaults as to the other parties. Sullivan filed a claim of lien pursuant to Section 713.08, Florida Statutes (1977), on March 7, 1975. Sullivan filed suit against Moody, Snavely and Rogers on March 2, 1976. On April 9, 1975, Moody filed his claim of lien in accordance with Section 713.08, but did not file suit until he was permitted to be added as a party plaintiff to Sullivan's amended complaint on September 15, 1976....
...We reject this argument. Moody sought in count IV to recover under a contractor's performance and payment bond, which incorporated both the provisions of the contract and
713.23. Count IV did not seek to foreclose Moody's claim of lien, which was authorized by Section
713.08. The relief which Moody sought under Section
713.23 was entirely separate from that afforded him by
713.08. Section
713.23 requires only that a suit be instituted against the contractor or the surety on the bond within one year from the performance of the labor or completion of delivery of the materials and supplies. There is no requirement, as in
713.08, that the lienor otherwise perfect his lien by bringing suit within one year after the claim of lien is recorded....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 216, 2003 Bankr. LEXIS 1079, 2003 WL 22056233
...This contention is based on the proposition that, according to the Trustee, the lien claimed by Meiser was not perfected because the claim of lien was not placed on the public records against the Property within the 90 days required by Florida Statutes Section 713.08. Fla. Stat. § 713.08(5), Claim of Lien, prescribes: The claim of lien may be recorded at any time during the progress of the work or thereafter, but not later than 90 days after the final furnishing of labor or services or materials by the lienor....
...(2) "is not perfected or enforceable at the time of the commencement of the case against a bona fide purchaser that purchases such property, whether or not such purchaser exists." The validity vel non of a mechanic's lien created by the Florida legislature clearly depends on the requirement of Florida Statute Section 713.08(5) of the recordation of a claim of lien within 90 days after the final furnishing of labor or services to the property involved....
...5th DCA 1980), the court held that remedial work in the nature of correction or repair does not extend the time for recording a claim of lien. The four-prong test to be applied in determining whether particular work constitutes a "final furnishing" under Fla. Stat. § 713.08(5), is (1) whether the work was done in good faith, (2) within a reasonable time, (3) is pursuant to the terms of the contract, and (4) was necessary to finish the job....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 19931
...ffirmative relief under the statute." [6] Id. at 111. Accordingly, the judgment appealed from is reversed, and the cause is remanded to the trial court for further proceedings in accordance with this opinion. BOOTH and JOANOS, JJ., concur. NOTES [1] Section 713.08, Florida Statutes (1985)....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida
...Notwithstanding bankruptcy, Suter's lien takes priority over Nash's lien since it was recorded first. See F.S.A. §
713.07(3). *182 One remaining requirement which must be met in order for a lien to be perfected is that the claim of lien must be timely recorded. F.S.A. §
713.08(5). Section
713.08(5) requires a claim of lien to be filed anytime during the progress of the work or within ninety days after the final furnishing of materials or services....
...). Debtor, as debtor-in-possession, is thus entitled to avoid the fixing of the liens filed by Suter and Nash pursuant to 11 U.S.C. § 545(2). The claimants assert however that § 545(2) must be read in conjunction with § 546(b) and Florida Statute § 713.08(5)....
...lien under § 545 is subject ". . . to any generally applicable law that permits perfection of an interest in property to be effective against an entity that acquires rights in such property before the date of such perfection." 11 U.S.C. § 546(b). Section 713.08(5) of the Florida Statutes states: The validity of the lien and the right to record a claim of lien therefore shall not be affected by the insolvency, bankruptcy or death of the owner before the claim of lien is recorded. F.S.A. § 713.08(5). Claimants argue that Florida Statute § 713.08(5) is the "generally applicable law" which permit them to record their claims of lien post-petition and prevent application of § 545(2)....
...Neither Suter or Nash acquired a perfected lien which is effective against bona fide purchasers or creditors prior to the filing of the petition. Claims of both Suter and Nash are governed by the general rule of priority, "first in time, first in right." The language in Florida Statute § 713.08 which upholds the validity of a lien notwithstanding the bankruptcy of the owner does not create priority right and is not the "generally applicable law" to which § 546(b) refers....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...The countervailing benefit is that the owner can rely on this affidavit and protect himself from subsequent notices of claims which may be filed within the 45-day period of Section
713.06(2), Florida Statutes (1977), "Notice to Owner", or within the 90-day period of Section
713.08(5), Florida Statutes (1977), "Claim of Lien"....
CopyPublished | Florida 4th District Court of Appeal | 9 Fla. L. Weekly 2093, 1984 Fla. App. LEXIS 15222
accepted as true at this juncture in the case. Section
713.08(5), Florida Statutes (1983), provides that
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 3360
...Therefore, since HAW-KEYE has complied with the Mechanic’s Lien Statute (Florida Statutes, Chapter 713) in filing its Notice to Owner within forty-five (45) days of commencing work pursuant to Florida Statutes, §
713.06(2)(a), and further complied with Florida Statutes, §
713.08(5), by filing its Claim of Lien within ninety (90) days of August 17, 1981, the date upon which the work was....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17144
...We recognize that our decision requires appellant to pay twice for the same work. While this result may seem harsh, that is the law of this state, and we are bound to follow it. The awards to Anderson and Urban were also proper. Although Anderson’s lien was not in the form prescribed in Section 713.08(3), there is no showing that Anderson’s error adversely affected appellant. The trial court therefore acted within its discretion in enforcing Anderson’s lien. § 713.08(4)(a), Fla.Stat. (1977). Similarly, Urban’s tardiness in filing his claim of lien was not shown to have prejudiced appellant; thus, the trial court was correct in not finding his claim voidable. § 713.08(4)(c)....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 15865
...he final two invoices totaling $61,600.31. Best recorded a claim of lien in Collier County on January 5, 2011, and alleged that the last day it provided labor *273 and services to the Blaszczyks was on October 7, 2010, exactly ninety days prior. See § 713.08(5), Fla....
...After Best rested its case, the Blaszczyks filed a motion for directed verdict on the count seeking foreclosure on the lien, alleging that Smith admitted that the project was complete prior to October 7, 2010, and that Best had offered no evidence to support its allegation that the lien was timely filed under section 713.08(5)....
...e therefrom, could support a verdict for the nonmoving party.” Id. (quoting Sims v. Cristinzio,
898 So.2d 1004, 1005 (Fla. 2d DCA 2005)). Although Smith testified that the work was completed on several dates outside the ninety-day filing window of section
713.08(5), he also testified that the work was completed on several dates within the ninety-day filing window....
CopyPublished | Florida 4th District Court of Appeal
...defendants on H & R’s lien foreclosure action. The claim of lien was
recorded October 1, 2008. The trial court granted summary judgment on
the ground that the lien was not filed within 90 days of H & R’s final
furnishing of labor, services, or materials. See § 713.08(5), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2496, 1989 Fla. App. LEXIS 5991, 1989 WL 125685
...The trial court based its decision solely on the untimely recording of the amended claim of lien, relying upon O’Brian Associates of Orlando, Inc. v. Tully,
184 So.2d 202 (Fla. 4th DCA 1966). This court in Tully held that the predecessor provision to section
713.08(5), Florida Statutes (1987), prohibits an amendment to a claim of lien upon the expiration of the ninety-day re *941 cording period....
...er party. Id. This principle was most recently acknowledged by this court in Royal Ambassador Condominium Association v. East Coast Supply Corp.,
495 So.2d 932, 935 (Fla. 4th DCA 1986): While the contents of a claim of lien are specified by statute, section
713.08, Florida Statutes (1981), the legislature provided that omissions or errors therein shall not, within the discretion of the court, prevent enforcement of the lien against one unless he is adversely affected by the error or omission. §
713.08(4)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 13166, 1998 WL 727352
...JM failed to complete the framing and rough carpentry, after having been paid $573,027.50, and failed to pay FWS all that it was owed for lumber and hardware furnished to the project. FWS then recorded its claim of Ken for $467,123.48 as aKowed by Section 713.08, Florida Statutes (1995)....
...In light of the legislative amendment in 1994, the question becomes whether the owner, Osprey, was prejudiced or adversely affected from FWS’ president’s failure to obtain a properly administered oath. See Stunkel v. Gazebo Landscaping Design, Inc.,
660 So.2d 623 (Fla.1995) (court construed claim of lien statute, section
713.08, which contained a similar provision that omission of details or errors in the claim of lien shall not “prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error,” and held th...
CopyPublished | Florida 4th District Court of Appeal
...ding.
Owner answered and asserted affirmative defenses and a counterclaim.
Thereafter, Owner moved for summary judgment on the lien foreclosure
count claiming that the lien and Contractor’s affidavit were not properly
served in accordance with section 713.08, Florida Statutes (2019).
Specifically, neither the claim of lien nor the Contractor’s affidavit were
delivered to Owner, nor posted on the property as the statute required.
The trial court agreed, discharged the lien, and granted summary
judgment....
...d agent’s address, and the
mailing address for its two members, Jackie and Keith Schaeffer. The
other Vero Beach address on Reef Road is the address which Owner
identified as its mailing address with the Indian River County Property
Appraiser.
Section 713.08 governs the filing of claims of lien for construction.
Subsections (1)-(3) detail the content of the claim, while subsection (4)(c)
provides that the claim of lien shall be served on the owner....
...served its claim of lien, Owner contends that the addresses used predate
the claim of lien and do not constitute its last known address. The issue
was not conclusive either way as is required for summary judgment.
Further, as to the delivery of the claim of lien, section 713.08(4)(c)
provides that failure to timely serve the claim of lien renders the claim
voidable only to the extent that prejudice to the person entitled to service
is shown....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 14095, 2000 WL 1643780
...d to construct a residence for them. The certiora-ri petition asks us to review that order. We deny both requests. When a dispute arose during construction of the Barlows’ residence, Molloy ceased construction and filed a claim of lien pursuant to section 713.08, Florida Statutes (1999)....
...ed to show cause why the lien should not be enforced within 20 days after receipt of a summons. Molloy filed an amended claim of hen reducing the amount due. The amendment was filed within the required 90 day period for filing a lien. See Fla. Stat. § 713.08 (5)....
...The trial court discharged the original hen, but refused to discharge the amendment because it was filed within the statutory 90-day period following the last work performed on the Barlows’ residence and because Molloy timely filed an action to foreclose the amended hen. We agree. *94 Section 713.08(4)(b) allows a claim of lien to be amended at any time during the 90-day period provided that the amendment does not cause any person to Suffer a detriment by having acted in good faith in reliance upon the original claim of lien....
CopyPublished | Florida 1st District Court of Appeal
...She
claims that, because she did not know about the lien, the
adjudicatory process was unfair and led to a lack of competent,
substantial evidence.
On this point, for construction liens, “[t]he recording of the
claim of lien shall be constructive notice to all persons of the
contents and effect of such claim.” § 713.08(5), Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16677
mortgage, but on another parcel of property. See Section
713.08, Florida Statutes (1975). I do not believe
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1166, 1987 Fla. App. LEXIS 8169
...still file his lien within 90 days after the date the contractor is terminated or the date when the lienor last furnished materials, labor or services to the improvement, whichever shall occur first, in order to preserve his lien against the owner. Section 713.08(5), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 15948
furnishing of labor or services. STATUTE INVOLVED Section
713.08(5), Florida Statutes (1971), provides in pertinent
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1042, 1986 Fla. App. LEXIS 7598
...tract. Appellees answered, alleging that: (1) the July 23 claim of lien was invalid because it did not con *588 tain a legal description of the property; (2) the August 10 amended claim of lien was invalid because it was not filed in accordance with section 713.08, Florida Statutes (1983); (3) appellant was not entitled to an equitable lien; and (4) appellant had breached the contract by not performing in a workmanlike manner and not using appropriate and satisfactory materials....
...The letter requested the amended final judgment be set aside and a hearing held. On June 30, 1985, appellant filed its notice of appeal. Appellant first claims the trial court erred in denying its July 23 claim of lien. We agree. The claim of lien form filed by appellant substantially complied with the form contained in section 713.08(3), Florida Statutes (1983)....
...The space provided for a description of the property, however, was left blank. Nonetheless, the name and address of the property appeared elsewhere on the form. Further, Barneburg testified that he had received the claim and knew that it was for the Frame Factory job. Section 713.08(4)(a) provides: “The omission of any of the ......
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1407, 1990 WL 20396
...Section
713.05 relating to liens of mechanic lienors in privity provides in part that: ... a contractor who complies with the provisions of part I shall ... have a lien.... No lien under this section shall be acquired until a claim of lien is recorded. [Emphasis added.] Section
713.08 provides that [f]or the purpose of perfecting his lien under part I, every lienor, including laborers and persons in privity, shall record a claim of lien.... [Emphasis added]. This statute goes on to specify the contents required in the claim of lien and, in section
713.08(5), provides that the claim of lien must be recorded “not later than 90 days after the final furnishing of the labor or services or materials by the lienor.” The contractor admits that under section
713.05 he is required to file a...
...privity with the owners, but he asserts that because section
713.02(5) states that any such improvement shall be exempt from all provisions of part I except
713.05 he is not required to file his claim of lien within the 90 day period provided for in section
713.08(5). We do not agree. The portions of the statutes emphasized above indicate that the claim of lien of lienors in privity must be filed within the 90 day period provided for in section
713.08(5) even when the direct contract price is $2,500 or less....
...om the mechanics' liens law except as to the liens of lienors in privity provided by section
713.05; it does not provide that the lienor is exempt from complying with other statutory requirements for perfecting his lien including the requirements of section
713.08(5) which requires such a claim of lien to be timely filed....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1984 Bankr. LEXIS 6140
...n order to determine the amount of the Fund, the respective Defendants shall file with the Clerk of this Court not later than Friday, March 16, 1984, a notice of claim in substantially the same form required for claims of lien under Florida Statutes § 713.08, setting forth their name and address, the value of their claims (excluding attorneys’ fees, costs and post-petition interest), the applicable commencement and completion dates, the date of service of notice to owner (if applicable), and a description of the property to which the claim relates....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 153, 2004 Bankr. LEXIS 433, 2004 WL 948336
...The issue presented is whether Accent Pools timely filed its Claim of Lien. Under Florida law, a claim of lien is timely filed if it is filed within 90 days from the date that the last labor, services, or materials were furnished to the project. The applicable statute is Section 713.08(5) of the Florida Statutes which provides: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 *388 days after the final furnishing of the labor or services or materials by the lienor;......
...The application of this fairly straight-forward four step test is fact driven, and the facts of each construction project vary widely. While no cases have addressed the precise issue before the Court regarding what qualifies as the "final furnishing" of labor, services, or materials by a pool contractor under Florida Statute Section 713.08(5), other Florida courts have examined the four factor test under different construction projects and those cases are instructive here....
...suance *389 of the direct contract and were not "significant enough in and of themselves to warrant the court to extend the cut-off date which commences the 90-day period for filing a claim of lien."
59 B.R. at 742-43. Clearly, under Florida Statute Section
713.08(5), work performed "in fulfillment of a contract ......
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14008
HOBSON, Judge. This is an interlocutory appeal from an order denying the appellant’s motion to dis *33 miss appellees’ amended complaint. The amended complaint failed to allege service of the claim of lien as required by Florida Statute 713.08, such failure being a point raised on appeal by appellant....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15788
OTT, Judge. Beaver Industries, Inc. appeals from a final judgment and from orders dismissing its first and second amended complaints with prejudice. The primary issue raised by this appeal is whether the recording of a Claim of Lien under Section 713.08, Florida Statutes (1977), constitutes “legal action.” Appellant, a subcontractor on a condominium development project, sought to recover from appellee, Westlake Development Corporation, as owner, the balance due to it from the general contractor....
...On August 5,1974, appellant filed its claim of lien for the unpaid balancé of its contract. The foreclosure complaint was not filed until August 4, 1975. We hold that, under the facts involved herein, the filing of a claim of lien is not “legal action.” The recording of a claim of lien pursuant to Section 713.08, Florida Statutes is a statutory prerequisite to the bringing of an action to enforce a statutory mechanic’s lien....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 701, 1985 Fla. App. LEXIS 12983
...ndment and by not admitting the tendered proof and by dismissing the action. REVERSED AND REMANDED. ORFINGER, J., concurs. COBB, C.J., concurs specially with opinion. . See generally §§
713.01-713.37, Fla.Stat. (mechanic’s liens), and especially §
713.08(l)(c), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 15479
...The plaintiffs have cross-assigned error alleging error in the amount of the judgment. The single point presented on the appeal by the defendant is as follows: “In a mechanic’s lien foreclosure suit may the lienor by his own oral testimony prove his compliance with the requirement of Florida Statute 713.08(5) that a claim of lien must be recorded no later than 90 days after the final furnishing of services, when the lienor’s documentary evidence contains no record of work done within the 90 day period and when the lienor’s documentary eviden...
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6382
...This is reasonable since if there is no contest the lien can remain as a cloud on the owner’s property for a period of one year and the property owner has no way of accelerating the conclusion of this litigation except as provided above. Although Section 713.08(4) (b) provides for the amendment of a claim of lien, we believe that such an amendment and foreclosure suit must be brought within the sixty-day period following the notice of contest....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6284
prior to the filing thereof. Sub-paragraph 5 of §
713.08 Fla.Stat., F.S.A., relating to claims of lien
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1805, 1987 Fla. App. LEXIS 9485
...Following a bench trial, an amended final judgment for $15,060.50 plus $2,000 in attorney fees was entered in favor of Renovations. This timely appeal followed. At the close of Renovations’ case, Sunair moved for a directed verdict on the ground that Renovations failed to comply with sections
713.08(5) and
713.06(3)(d)l, Florida Statutes (1985). Section
713.08(5) provides in relevant part: The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor; .......
...The record reflects that Renovations recorded their claim of lien on October 11, 1985, well within ninety days of July 31, 1985, the last day on which Renovations furnished labor, services or materials to Sunair. Therefore, we conclude that there was compliance with the filing requirements of section 713.08(5)....
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19902
... is used in the affidavit, the purposes of a contractor’s affidavit, which are to permit the owner to rely upon such affidavit to protect himself from subsequent notices to owner filed pursuant to section
713.06(2) and claims of lien filed under section
713.08(5), and to hold the contractor liable for the crime of perjury under section
713.35 if he delivers a false *1027 affidavit, will not be fulfilled....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15178
...or, services or materials was stated to be January 30, 1974. The lien notice was recorded on May 2, 1974, which was 92 days after said date of January 30, 1974, and thus was beyond the 90 day period allowed for the recording of such claim of lien by § 713.08(5) Fla.Stat., F.S.A....
...hich labor, services or materials were furnished was an error, and that the records of the plaintiff corporation revealed that the correct date thereof was February 6, 1974 (which was less than 90 days prior to the recordation of the claim of lien). Section 713.08 Fla.Stat., F.S.A....
...In Adobe Brick and Supply Co. v. Centex-Winston Corp., Fla.App.1973,
270 So.2d 755 , in which this court dealt with the question of effect of an error in a recorded claim of lien upon the enforcibility of the lien, we there pointed out that in view of subsection (4) (a) of §
713.08 of the Mechanics Lien Law, when an omission or error occurs in a recorded claim of lien a balancing of the interests of the parties favors exercise of that subsection of the statute to permit enforcement of the lien, unless it should appear...
CopyPublished | Florida 4th District Court of Appeal
...In
support of this construction, the dissent reasons that if the Legislature
had wanted to include a safe harbor provision to allow for errors in the
calculation of the claim of lien, it could have included analogous language
to that of the mechanics lien statute in section 713.08(3), Florida Statutes
(2018) (“[T]he negligent inclusion or omission of any information in the
claim of lien which has not prejudiced the owner does not constitute a
default that operates to defeat an otherwise valid lien.”)....
...Where a claim of lien overstates the amount due, it does not comply
with the requirements of the statute, which are strictly construed. There
is no provision in the statute which provides for omission or correction of
errors, as there is in the mechanics lien statute. See § 713.08(4)(a), Fla.
Stat....
...The mechanics lien statute also contains a provision that
“the negligent inclusion or omission of any information in the claim of lien
which has not prejudiced the owner does not constitute a default that
operates to defeat an otherwise valid lien.” § 713.08(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5412
...See §
713.06(2), Fla.Stat., F.S.A.; and Boux v. East Hillsborough Apartments, Inc., Fla.App.1969,
218 So.2d 202 . The claim of lien was substantially in the form prescribed by the act and there was no showing that the landowner was prejudiced by the form of the claim. See §
713.08(3) and (4), Fla.Stat., F.S.A.; George J....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 308, 1995 WL 18383
...ecorded. AFFIRMED. HARRIS, C.J., and GOSHORN, J., Concur. . The amended claim of lien merely increased the amount claimed to be owed from $19,150 to $19,250 and, thus, the issue of good faith reli-anee by any party is not presented in this case. See § 713.08(4)(b), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 1252, 1999 WL 69573
...for building the pool ($14,498), costs ($226.33), and attorney’s fees ($6,774.55). The issue presented in this appeal, the construction of the term “adverse effect,” has its genesis in the statutory interplay between section
713.06(2)(a) 2 and section
713.08(4)(a)....
...te defense to enforcement of a lien by any person. The serving of the notice does not dispense with recording the claim of lien. The notice is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them. . Section 713.08(4)(a) provides: The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected b...
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19757, 2003 WL 23095239
...5th DCA 1980) (finding that generally a special statute of limitations will take precedence over a general statute). The Construction Lien Law, sections
713.001-713.37, Florida Statutes (2000), applies to this case. After a claim of lien against an owner is recorded pursuant to section
713.08, Florida Statutes (2000), the lien is valid for one year, “unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.” §
713.22(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 18253
order to secure a mechanics lien, pursuant to Section 713.-08(5), Florida Statutes (1977). We hold that where
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 945, 2008 Fla. LEXIS 2379, 2008 WL 5170586
...ty" for purposes of entitlement to attorneys' fees. [9] The application *373 of an inflexible bright-line rule that a judgment in any amount on the lien claim mandates "prevailing party" attorneys' fees disregards the fact that a claim of lien under section 713.08, Florida Statutes (2005), requires that the "contract price" or the "value" of the "labor, services or materials furnished," and the "amount unpaid" be part of the "claim of lien." §§ 713.08(1)(c),(g), 713.08(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15384
...The appellee was a supplier of certain materials to the job between June 7 and June 13, 1974. Appellee was not paid by contractor. Therefore it filed a claim of lien on September 5, 1974 against appellant’s property for $6,415.00, which was within the ninety day period as required under Florida Statute § 713.08(5)....
...ed by F.S. §
713.06(3)(d)(l), was sufficient to perfect appellee’s lien even though its notice to owner was not timely mailed or delivered as required by F.S. §
713.06(2)(a), provided appellee had complied with the ninety day requirement of F.S. §
713.08, supra....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6428
October 8, 1971, thereby complying with Fla.Stat. § 713.-08(5), F.S.A., which provides: “(5) The claim of
CopyPublished | Florida 3rd District Court of Appeal
...on behalf of First
Response, recorded a claim of lien against Burleigh House’s property for the
unpaid repairs. See §
713.02, Fla. Stat. (2022) (creating the right to a lien on
real property with respect to services that improve the property); §
713.08,
2
Fla....
CopyPublished | Florida 4th District Court of Appeal
...ding.
Owner answered and asserted affirmative defenses and a counterclaim.
Thereafter, Owner moved for summary judgment on the lien foreclosure
count claiming that the lien and Contractor’s affidavit were not properly
served in accordance with section 713.08, Florida Statutes (2019).
Specifically, neither the claim of lien nor the Contractor’s affidavit were
delivered to Owner, nor posted on the property as the statute required.
The trial court agreed, discharged the lien, and granted summary
judgment....
...d agent’s address, and the
mailing address for its two members, Jackie and Keith Schaeffer. The
other Vero Beach address on Reef Road is the address which Owner
identified as its mailing address with the Indian River County Property
Appraiser.
Section 713.08 governs the filing of claims of lien for construction.
Subsections (1)-(3) detail the content of the claim, while subsection (4)(c)
provides that the claim of lien shall be served on the owner....
...served its claim of lien, Owner contends that the addresses used predate
the claim of lien and do not constitute its last known address. The issue
was not conclusive either way as is required for summary judgment.
Further, as to the delivery of the claim of lien, section 713.08(4)(c)
provides that failure to timely serve the claim of lien renders the claim
voidable only to the extent that prejudice to the person entitled to service
is shown....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 47 Collier Bankr. Cas. 2d 1459, 15 Fla. L. Weekly Fed. B 60, 2001 Bankr. LEXIS 1750, 2001 WL 1755243
...ence of the Debtor, pursuant to the contract. It is without dispute that White Sands fully performed its contract and the home was built. It is equally without dispute that the Debtor failed to pay the full amount due under the contract. Pursuant to § 713.08, Florida Statutes, White Sands recorded its claim of lien against the subject property in the public records of De-Soto County, thus perfecting its lien on the subject property....
CopyPublished | Florida 2nd District Court of Appeal
...citing to Jack Stilson & Co.,
278 So. 2d at 283. Although this general
proposition is true, it does not operate to preserve the lien past its
express statutory endpoint.
In addition to the foregoing plain language analysis of sections
713.22 and
713.24, section
713.08(4)(b) states that claims of lien "may
be amended at any time during the period allowed for recording such
claim of lien, provided that such amendment shall not cause any person
10
to suffer any...
