Law Clerk
In Fernandez v. Berkeley House Condominium, Inc., the Florida Third DCA addressed whether a contractor who missed the 60-day deadline to file a lien foreclosure action could still pursue recovery under an equitable theory of unjust enrichment. The answer: yes.
Fernandez, through his company First Response, performed work for Berkeley House but was not paid in full. He filed a claim of lien, and the association responded by recording a notice of contest, which triggered the 60-day deadline under Chapter 713, Florida Statutes, to file suit to enforce the lien.
Fernandez missed that window.
Instead of seeking lien foreclosure, First Response filed a claim for unjust enrichment. The trial court granted summary judgment for Berkeley House, holding that Fernandez’s failure to timely file under the lien statute barred all related claims.
The appellate court reversed.
It held that Chapter 713 does not extinguish other remedies merely because the lien rights expire. A contractor who fails to perfect a lien under the Construction Lien Law may still pursue alternative causes of action — including unjust enrichment or breach of contract, where applicable.
The court also rejected the argument that allowing such a claim would undermine the purpose of the lien statute. Florida law explicitly provides that the lien statute does not abrogate other legal rights — it simply creates an additional remedy.
Takeaway: If a contractor misses the deadline to enforce a lien, that doesn’t mean all legal remedies are lost. Claims in equity — like unjust enrichment — may still be available, so long as they are independently viable. Trial courts should not read Chapter 713 as foreclosing other theories of recovery.
At Boatman Ricci, we help contractors, subcontractors, and owners navigate the nuances of lien law — and pursue all available legal and equitable remedies.
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