In Florida, construction contractors and suppliers have various deadlines that they must adhere to for liens. For example, a contractor must record a lien within 90 days of its final furnishing of labor or materials. Likewise, a contractor must file suit to foreclose on its lien within 1 year of recording or the lien will expire. However, there are often uncertainties about when the periods for these deadlines begin or expire.
One key statute that provides important guidance on computing deadlines for liens and related filings is Florida Statute 713.011. This statute ensures that contractors and suppliers have clear rules for determining deadlines.
Computation of Time Periods
According to the statute, if the last day for performing the action, is any of the following, the deadline is extended to the end of the next business day:
- a Saturday, Sunday, or holiday specified in s. 110.117(1), or
- any day observed as a holiday by the clerk’s office or
- any day designated as a holiday by the chief judge of the circuit.
This ensures that contractors and suppliers are not unfairly disadvantaged if a filing deadline falls on a day when the clerk’s office is closed. This extension is particularly important for contractors and suppliers, as they are given an extra time to file necessary documents.
Emergency Closures and Tolling
The statute also includes provisions for emergencies that may cause the clerk’s office to close temporarily.
If the clerk’s office is closed in response to an emergency for 1 day or more so that a contractor cannot record a document or file an action in person, the deadline to do so is tolled. When the clerk’s office reopens, the time period is extended by the number of days the clerk’s office was closed.
This provision is crucial in ensuring that contractors and suppliers are not penalized for circumstances beyond their control, such as hurricanes, which are a frequent occurrence in Florida.
Importance for Contractors and Suppliers
The rules outlined in Florida Statute Section 713.011 are vital for contractors and suppliers to understand and comply with, as they directly impact their ability to enforce their lien rights. Missing a filing deadline can mean the loss of a lien and the associated legal advantages. By being aware of the computation rules for time periods, including the extensions provided for weekends, holidays, and emergency closures, contractors and suppliers can plan their filings accordingly and avoid potential pitfalls.
DISCLAIMER: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
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