Scherf v. Tom Krips Construction, Inc.
Owners sought leave five and a half years into a construction lien foreclosure suit to amend their answer to deny compliance with conditions precedent, adding that the contractor failed to serve a final contractor's affidavit under section 713.06(3)(d)1. The Fourth District affirmed the denial of leave to amend and the summary judgment for the lienor, holding that the belated amendment would prejudice the contractor because the one-year lien limitations period had expired and the defect could no longer be cured.
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