Rea & Tomlinson’s Article on Construction Lien Ruling Published by Law.com

Adams & Reese Partner Kyle Rea and Counsel Lee Tomlinson are published in Law.com’s Daily Business Review for their article, “Show-Cause … Again? Florida Appellate Court Clarifies Key Construction Lien Rule.”

In a recent decision, Florida’s Second District Court of Appeals clarified the procedure available under Section 713.21(4), Florida Statutes, an important statute in Florida’s Construction Lien Law that impacts the construction industry and property owners alike.

In Custom Homes By Triumph, LLC v. Sverdlow, No. 2D24-148, slip op. (Fla. 2D DCA, Aug. 29, 2025) a general contractor filed suit to foreclose its construction lien for nonpayment arising out of a contract for construction of a home on the Sverdlow’s property. The Sverdlows  filed a “Show Cause Counter-Complaint” under Section 713.21(4), Florida Statutes. In the case, the court eventually clarified that the 20-day period for a lienor to respond and preserve a construction lien begins when a show-cause summons is issued and served, not simply when a counterclaim or complaint is filed.

If a contractor or other lienor has already filed a lien foreclosure action before a show-cause summons is issued, this action satisfies the requirements to preserve the lien, and the lien cannot be canceled for failure to respond to a later show-cause complaint. Rea and Tomlinson discuss how the appellate court’s decision highlights the importance of following the correct statutory procedure.

Kyle Rea is a Partner in the Adams & Reese Tampa office. He practices in all areas of construction law, including lien law, bond law, contract review and drafting, contract negotiation and litigation. In addition, he is experienced in internal compliance, white collar criminal defense, licensing law, and workplace health and safety issues pertaining to OSHA State and Provincial Plans. Kyle is recognized by his peers among the Florida Super Lawyers in Construction Litigation and by Best Lawyers® Ones to Watch in Construction Law: Litigation.

Lee Tomlinson is Counsel in the Adams & Reese Tampa office. Lee is a board-certified construction attorney by The Florida Bar, representing clients in all aspects of construction law, including payment dispute issues, lien and bond claims, construction contract review and drafting, contract disputes and construction defect litigation. Lee is recognized by his peers among the Best Lawyers® Ones to Watch in Construction Law: Litigation and among Florida Super Lawyers® Rising Stars in Construction Litigation.