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Florida Construction Liens with Errors are Likely Still Enforceable

If the time for filing an initial construction lien has not expired, a construction lien containing an error or omission can be amended. Even if the time for amending an initial construction lien has expired, a construction lien containing an error or omission may still be enforceable. The burden is on the owner or other person challenging the construction lien to persuade the court that the construction lien is unenforceable.

Section 713.08(4)(a), Florida Statutes, provides that the omission of certain details or errors in the claim of lien shall not, within the discretion of the trial court, prevent the enforcement of the lien as against one who has not been adversely affected by such omission or error.

Picture of Barry Kalmanson, Esq

Barry Kalmanson, Esq

Mr. Kalmanson has concentrated his practice in the construction industry for more than 30 years. His emphasis is on the representation of subcontractors and materialmen. He has represented parties in thousands of construction lien, payment bond actions and construction payment disputes. In addition to being a licensed attorney and a State of Florida Certified building Contractor for more than 30 years, Mr. Kalmanson served as Chairman of the State of Florida Construction Industry Licensing Board pursuant to a gubernational appointment and Senate confirmation. He also served as a subject matter expert composing construction lien law test questions for the Department of Business and Professional Regulation's construction licensure examinations. For more than 25 years, Mr. Kalmanson has served as counsel for the ICPC - Florida Improved Construction Practices committee, Construction Lien Law (icpc-florida.com). He is a frequent lecturer on the Construction Lien Law and has published numerous articles and a book on the subject.

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