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.
Key facts
- Owners sought leave to amend their answer in a construction lien foreclosure suit filed five and a half years earlier, attempting to add a defense that the contractor failed to serve a final contractor's affidavit as required by section 713.06(3)(d)1.
- The trial court denied the owners' motion to amend and granted summary judgment for the lienor-contractor.
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Why it matters
The opinion extends the Ingersoll/Stoll/Oliveros presuit-notice waiver line from medical malpractice into the construction lien context, giving lienors a strong prejudice argument against late-raised… — full analysis with a trial
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