A previously recorded notice of commencement, which has not expired or been terminated, may be amended to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice. However, when an owner replaces the contractor, the statute does not permit the recording of an amended notice of commencement. Instead, a more complicated procedure must be followed when replacing a contractor. When an amended notice of commencement is recorded, it must identify the official records book and page or instrument number where the original notice of commencement is recorded, and a copy of the amended notice must be served by the owner upon the contractor and each lienor who has served a notice to owner before or within 30 days after the date the amended notice of commencement is recorded.
This information presents the general scheme of Florida’s Construction Lien Law as of September 2020. The Construction Lien Law is constantly being amended; therefore, this material should not be relied upon in place of experienced legal advice in specific situations. This material is copyrighted and cannot be reproduced without written permission from Barry Kalmanson, Esq.
