Bishop Signs, Inc. v. Magee

STONE, Judge.

The appellant-sign contractor failed to serve a contractor’s affidavit prior to suit as required for the foreclosure of a mechanic’s lien by section 713.06(3)(d)l, Florida Statutes (1985). That section provides:

The contractor shall have no lien or right of action against the owner for labor, services, or materials furnished under the direct contract while in default for not giving the owner the affidavit. The contractor shall execute the affidavit and deliver it to the owner at least 5 days before instituting an action as a prerequisite to the institution of any action to enforce…