Relief For Florida Contractors and Subcontractor When Delivering Their Lien Close to the Rerecording Deadline

A new decision by a Florida Appellate Court Phillips v. Pritchett Trucking, No. 1D20-2068, Fla. 1st DCA (Oct 6., 2021), provides certain relief to the lien claimants when they are trying to deliver the mechanics lien for recording to the clerk’s office close to the lien recording deadline.  The Court determined to the extent the lien includes the appropriate recording fee with it, as a matter of law, the mechanics lien must be recorded by the clerk’s office immediately and on the date, it is received.    As such, all county clerk offices in the state of Florida will be required to record claims of lien on the date the mechanics liens are received to the extent they include appreciate rerecording fees.