Building Code Administrators and Inspectors Florida Principle and Practice Licensure Practice Exam

What is required to file a construction claim of lien?

1. Permission from the owner

2. A court order

3. A direct contract with the owner

4. The claim must be recorded with the clerk of court

The correct answer is: The claim must be recorded with the clerk of court

Filing a construction claim of lien is a formal process that helps protect the rights of contractors, subcontractors, and suppliers to receive payment for work or materials provided on a construction project. To effectively file a claim of lien, one of the critical requirements is that the claim must be recorded with the clerk of court. This recording serves to publicly document the claim, thereby notifying interested parties that a lien has been placed against the property. It ensures that the existence of the lien becomes a matter of public record, which is essential for enforcing the claim and pursuing any legal rights to payment. Recording the claim is a statutory requirement and without it, the lien may be considered invalid. The process typically includes providing specific details about the work performed, the amount owed, and other relevant information that complies with local laws governing liens. This step is crucial as it helps establish priority in case of disputes or bankruptcy of the property owner, making it an essential part of the claim process.