How can an owner shorten the time for commencement of action by a lienor on a construction lien?

Filing a notice of contest of lien is an effective method for an owner to shorten the time for a lienor to commence an action on a construction lien. In Florida, once a notice of contest of lien is filed, it triggers a statutory period in which the lienor must initiate litigation to enforce the lien. Specifically, it reduces the typical time frame that a lienor has to file a lawsuit from 12 months down to 60 days after the notice is served on them. This provision is designed to expedite the resolution of disputes related to construction liens, thereby providing clarity and certainty for property owners regarding their financial and legal obligations.

The other choices do not have the same impact on the timing of a lienor's ability to commence action. For example, while withdrawing a lien or claiming damages may be relevant to various situations within a construction project, they do not serve the direct purpose of limiting the time frame imposed on the lienor for legal action. Filing an execution of lien addresses the enforcement of the lien itself but does not influence how quickly a lienor must act following the notice of contest.