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Failure to Serve the Owner with a Contractor’s Final Affidavit Five Days Prior to Filing Lien Foreclosure Proceedings May Render the General Contractor’s Claim of Lien Completely Unenforceable. By Myrnabelle Roche, Esq.
On May 29, 2002, Florida’s Fourth District Court of Appeal reversed a Broward County trial court’s ruling upholding a general contractor’s request for a Final Judgment of Foreclosure on a Construction Lien. As a result, the general contractor lost his claim of lien. In Yves Privas and Janet Privas v. Brisson Custom Homes, Inc., Case # 4D01-2168, the Court found that the contractor’s lien foreclosure claim was barred for failure to timely serve the required Final Contractor’s Affidavit. Under Florida Law, the Affidavit was to be served at least five days prior to filing suit. Furthermore, the lien foreclosure action was to have been brought within one year of filing the Claim of Lien. Although the foreclosure proceedings were timely filed, the Court found the claim to be legally insufficient and ordered the final judgment reversed in favor of the homeowner. Practical Tip: Many of Florida’s mandatory Lien Law forms are available on our website free of charge.
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