Florida State Lien Law Flashcards
- Which of the following is lienable?
A. Post office
B. V.A. Hospital
C. County courthouse
D. Leased car rental ticket counter in an airport
- D 9-10 9-11
- 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.
A. 15
B. 60
C. 45
D. 20
- D 9-31 9-32
- 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 9-17, 9-81 9-18
- 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
A. 1, 2, and 3
B. 2, 3, and 4
C. 1, 3, and 4
D. 1, 2, and 4
- A 9-17, 9-18 9-18, 9-19
- One way an owner can minimize the risk of having a lien filed on his or her property is to___________.
A. Have the contractor submit an affidavit that all persons are paid
B. Stay active on the project and talk to the subcontractors
C. Have the contractor obtain a performance bond
D. Have the contractor obtain a payment bond
- D 9-12, 9-46, 9-72, 9-105 9-13, 9-47, 9-70, 9-71, 9-86 §713.02(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.
A. 30
B. 45
C. 60
D. 90
- D 9-27, 9-84 9-28, 9-76 §713.08(5)
- The only method of extending a Claim of lien beyond the one-year deadline is if .
A. An action is filed in court to enforce the lien
B. An extension of lien is requested
C. The lien is re-recorded
D. A notice of lien has been sent to the owner
- A 9-30, 9-104, 9-105 9-31, 9-86 §713.22
- A Notice to Owner must be served by a subcontractor before commencing, or not later than
days after commencing furnishing services or materials.
A. 30
B. 45
C. 60
D. 90
- B 9-21, 9-75, 9-76 9-22, 9-72 §713.06(2)(a)
- A lienor, who is a privity lienor and does not need to serve a Notice to Owner is one .
A. Whose lien has been filed
B. Whose lien has been satisfied
C. With direct contract with the owner
D. With a contract with other than the owner
- C 9-21, 9-74, 9-75 9-22, 9-71 §713.05
- 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?
A. 15
B. 30
C. 60
D. 90
- A 9-30 9-31
- 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.
A. $1,000
B. $2,500
C. $3,500
D. $5,000
- B 9-92 9-80 §713.135(d)
- 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.
A. 3
B. 5
C. 7
D. 10
- B 9-38, 9-80 9-39 §713.06(5)
- 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 .
A. Subject to discipline under the Contractor Licensing Laws only
B. Criminally prosecuted under the Lien Law for a misdemeanor and subjected to discipline under the
Contractor Licensing Law
C. Criminally prosecuted under the Lien Law for a misdemeanor only
D. Criminally prosecuted under the Lien Law for felony and subjected to discipline under the
Contractor Licensing Law
- D 9-41, 9-120 9-42, 9-93, 9-94 §713.345
- A is one of the generally two types of releases.
A. Release of lien
B. Release through time certain
C. Waiver and release of lien
D. Partial release of lien
- B 9-23, 9-24 9-24, 9-25
- According to Florida Construction Lien Laws, which of the following is considered an improper
payment by an owner to a contractor?
A. A payment made before Notice of Commencement expires
B. Before any notice to owner is received
C. After a Notice to Owner has been served and a waiver of release has been obtained by the owner
D. Payments made by owner after a Notice to Owner has been served and before a waiver has been
obtained by the owner
- D 9-38 9-46 §713.06 (2)(a)
- When may a person who has delivered materials that were unused for an improvement peaceably
repossess and remove such materials?
A. Upon written demand
B. When the improvement is completed
C. When the improvement is abandoned
D. Both B and C are correct
- D 9-97 9-82 §713.15
- How long does a clam of lien last?
A. 1 year
B. 3 years
C. 5 years
D. 7 years
- A 9-30, 9-104 9-31, 9-86 §713.22
- What is required to file a construction claim of lien?
A. Permission from the owner
B. A court order
C. A direct contract with the owner
D. The claim must be recorded with the clerk of the court in the county where the improved
property is located
- D 9-27, 9-84 9-28, 9-76 §713.08(5)
- An owner may terminate Notice of Commencement by executing a Notice of Termination that
contains
the following except .
A. Recording office document book and Page reference numbers and date of Notice of Commencement
B. Two copies of a Notice Direct Contract
C. Statement that lienors have been paid in full
D. Statement specifying that notice applies to all real property subject to Notice of Commencement
- B 9-91 9-79 §713.132(1)
- 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.
A. Improper
B. Refused
C. Unrecoverable
D. Non-essential
- A 9-38 9-39
- 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.
A. Two
B. Five
C. Ten
D. Fourteen
- C 9-9, 9-87 9-10, 9-77 §713.12
- All of the following are part of the amount necessary to transfer a lien to a bond or cash
except___________________.
A. 100% of the lien amount
B. $25 filing fee
C. Interest at the legal rate for three years
D. The greater of $1,000 or 25% of the lien amount for costs and attorney fees
- B 9-43, 9-44, 9-45 9-44, 9-45, 9-46
- A Notice of Lien filing or a Notice to Owner shall be given to the Owner via .
A. Hand delivery in person
B. Certified return receipt U.S. mail
C. Posting on the job site
D. All of the above
- D 9-22, 9-23 9-23, 9-24
- A recorded Notice of Commencement will expire in 90 days unless .
A. Notice to Owners are filed
B. Work has commenced
C. First payment to contractor is released
D. First inspection is made
- B 9-11 9-12
