When it comes to Florida’s Lien Law, strict compliance is required with all of the timing requirements. The defense of “ooops, it’s one day late, no big deal” is not going to fly.
However, when it comes to other errors and omissions with certain notices and documents, then substantial compliance is required provided the error or omission does not prejudice the adverse party. For instance, if there is an error in the Notice to Owner or Lien, if a party substantially complied with the requirements then the document will still be enforceable provided it does not prejudice the opposing party.
This by no means suggests that errors and omissions are acceptable. They are not. And, this by no means suggests that errors and omissions will all be treated the same. They will not. Some errors and omissions are clearly a bigger deal and a substantial compliance argument will not succeed.
The key is always to ensure strict compliance with the requirements of Florida’s Lien Law. The best way to ensure strict compliance is to consult with counsel. Preserving and perfecting your rights under Florida’s Lien Law is crucial so there is no legitimate reason to get yourself caught in a technical argument regarding compliance.
Please contact David Adelstein at firstname.lastname@example.org or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.