Key Takeaway:
Contractors who have already filed a lien foreclosure action cannot be forced into a redundant show cause process. Property owners cannot use section 713.21(4) to discharge a lien when enforcement is already underway.
Florida’s Second District Court of Appeal has just confirmed what every construction lawyer already knew, and it is remarkable the trial court got this wrong. In Custom Homes by Triumph LLC v. Sverdlow (Aug. 29, 2025), the court held that once a contractor files a lawsuit to foreclose a construction lien, a property owner cannot use the “show cause” procedure under section 713.21(4), Florida Statutes, to force the contractor to justify the lien. The statute gives the contractor two options when served with a show cause summons: either show cause why the lien should not be vacated or enforce the lien by filing a foreclosure action. If the contractor has already filed suit to foreclose, it has satisfied the statute by enforcing the lien, and no separate show cause response is required.
The trial court in this case nevertheless discharged the lien for failure to respond to a “show cause” counter-complaint even though the contractor had already sued to foreclose. The Second District quashed that order, reaffirming that filing a foreclosure action is itself the enforcement the statute requires.
Disclaimer: This update is provided for informational purposes only and does not constitute legal advice. Readers should consult qualified counsel regarding their specific circumstances.
READY LEGAL 