[CLC-Discussion] Warning on Claim of Lien

Mon Feb 14 10:55:07 PST 2022

Like Lee, I am aware of a case where the Notice to Owner was invalid because it was not in substantially the statutory form.  The statue was subsequently warning language.  Section 713.06(2)(c) was subsequently changed to state “and must include the information and the warning contained in the following form….”  This is slightly different than the language in section 713.08(3) but the intent is the same even though it does not include the term “must.”

Good luck,

Cary

Wm. Cary Wright
Attorney at Law | Carlton Fields
4221 W. Boy Scout Blvd., Ste. 1000 | Tampa, Florida 33607-5780
Direct: 813.229.4135 | Fax: 813.229.4133
cwright at carltonfields.com

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Monday, February 14, 2022 11:24 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Warning on Claim of Lien

Good morning Paul,
It is a statuory requirement, see below. I haven’t seen an opinion negating the lien but I wouldn’t think the issue would make it to an appeals court. Maybe there is a trial court order out there but I am not aware of it.

“The claim of lien shall be sufficient if it is in substantially the following form, and includes the following warning: “ § 713.08(3), Fla. Stat. Ann.

Thanks,
Jack

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion
Sent: Monday, February 14, 2022 10:18 AM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Warning on Claim of Lien

Good morning.

Has anyone seen any court rulings that invalidated a Claim of Lien for not having the "WARNING" language on it?  I have not seen any that finds there was prejudice or bring adversely affected for that language or the required language in the contract for the Construction Lien law notice.

Similarly, I had not seen a Claim of Lien without the WARNING for awhile and have just run across one.

Curious what is being seen out there.

Paul

Paul S. Martin, Esq.
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