Florida State Lien Law Flashcards


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1

Which of the following is lienable?

Leased car rental ticket counter in an airport

2

If a "SUMMONS TO SHOW CAUSE" is served upon a lienor, the lien of any lienor upon whom such notice is served and who fails to institute a suit to enforce his or her lien within ________ days, shall have their lien extinguished automatically.

20

3

Which of the following is the correct priority of payment for liens claimed under a direct contract?

A. Liens of the contractor, liens of all persons other than the contractor, liens of all laborers

B. Liens of the contractor, liens of all laborers, liens of all persons other than the contractor

C. Liens of all persons other than the contractor, liens of all laborers, liens of the contractor

D. Liens of all laborers, liens of all persons other than the contractor, liens of the contractor

D. Liens of all laborers, liens of all persons other than the contractor, liens of the contractor

4

Which of the following have lien rights?

1. Laborer
2. Material suppliers to a sub-subcontractor
3. Sub-subcontractors
4. Material supplier to a material supplier, supplying to the general contractor

1, 2, and 3

5

One way an owner can minimize the risk of having a lien filed on his or her property is to

Have the contractor obtain a payment bond

6

A claim of lien may be recorded at any time during the progress of the work or thereafter but not later than________ days after the final furnishing of the labor, services, or materials by the lienor.

90

7

The only method of extending a Claim of lien beyond the one-year deadline is if

An action is filed in court to enforce the lien

8

Notice to Owner must be served by a subcontractor before commencing, or not later than______days after commencing furnishing services or materials.

45

9

A lienor, who is a privity lienor and does not need to serve a Notice to Owner is one

With direct contract with the owner

10

A contractor must serve a copy of the claim of lien on the owner and lender (if any) within how many days of the date the claim of lien is recorded?

15

11

If the direct contract is greater than_________, the applicant shall file with the issuing authority prior
to the first inspection either a certified copy of the recorded Notice of Commencement or a notarized statement that the Notice of Commencement has been filed.

$2,500

12

The contractor's final payment must be delivered to the owner no later than _________ days before suit is filed to enforce the contractor's lien, even if the final payment has not yet become due.

5

13

The Lien Laws require that any person who receives funds for constructing or altering improvement, use the funds to pay others for services and materials provided in connection with the project.
A person who does not comply with this requirement may be

Criminally prosecuted under the Lien Law for felony and subjected to discipline under the Contractor Licensing Law

14

is one of the generally two types of releases.

Release through time certain

15

According to Florida Construction Lien Laws, which of the following is considered an improper payment by an owner to a contractor?

Payments made by owner after a Notice to Owner has been served and before a waiver has been obtained by the owner

16

When may a person who has delivered materials that were unused for an improvement peaceably repossess and remove such materials?

  • When the improvement is completed
  • When the improvement is abandoned

17

How long does a clam of lien last?

1 year

18

What is required to file a construction claim of lien?

The claim must be recorded with the clerk of the court in the county where the improved property is located

19

An owner may terminate Notice of Commencement by executing a Notice of Termination that contains the following except

Two copies of a Notice Direct Contract

20

If an owner makes payment to a contractor, without requiring a final payment affidavit (a/k/a contractor's affidavit), the payments are considered_______payments.

Improper

21

Even though lien rights exist against a property owned by one or both married persons, and the contract is only signed by one of the two and the married couple is not separated and living apart, the non-signing spouse can object within ________ days of learning of the contract and there will be no lien rights.

Ten

22

All of the following are part of the amount necessary to transfer a lien to a bond or cash except

$25 filing fee

23

A Notice of Lien filing or a Notice to Owner shall be given to the Owner via

  • Hand delivery in person
  • Certified return receipt U.S. mail
  • Posting on the job site

24

A recorded Notice of Commencement will expire in 90 days unless

Work has commenced

25

If an owner fails to file a Notice of Commencement on a project with a total cost of $10,000, the contractor will initially be unable to obtain

Approval of Building Inspections