Construction Liens for Contractors in Florida
Your Lien Rights Under Chapter 713, Florida Statutes
Florida’s Construction Lien Law (Chapter 713, Florida Statutes) gives contractors, subcontractors, and suppliers the right to record a lien for unpaid labor, services, or materials provided to improve real property. However, contractors must strictly follow statutory procedures to preserve their rights.
Key requirements include:
- You must have a direct contract with the property owner (or with another party in the chain of contract).
- Work or materials must permanently improve the property.
- Proper notices and deadlines must be met to maintain the enforceability of the agreement.
Steps to File a Lien in Florida
The process for filing a mechanic’s lien in Florida involves several critical steps and strict statutory deadlines. Missing one can void your rights entirely.
Notice to Owner (NTO)
Before filing a lien, contractors must serve a Notice to Owner within 45 days of beginning work or supplying materials. This document informs the property owner of your participation and preserves your right to lien.
Claim of Lien
If payment remains outstanding, you must record a Claim of Lien in the county where the property is located within 90 days of your last work or delivery of materials.
Lien Foreclosure
If the owner still doesn’t pay, you must file a foreclosure lawsuit to enforce your lien within one year from recording — unless the owner formally contests it, which shortens the timeline. Our attorneys handle each step to ensure your mechanic’s lien as a contractor in Florida is filed correctly and enforceable.
Common Contractor Mistakes That Void Liens
Even small procedural errors can destroy lien rights. Common pitfalls include missing deadlines for serving the Notice to Owner or recording the Claim of Lien, improper service of the NTO due to incorrect method, recipient, or timing, inaccurate or incomplete legal property descriptions, overstating lien amounts or including non-lienable items, and failing to respond promptly to a Notice of Contest of Lien. Bitman Law ensures all filings, services, and documentation are handled precisely, protecting your contractor lien rights in Florida.
How Bitman Law Helps Contractors Get Paid
As a leading Florida construction law firm, we represent contractors, subcontractors, and suppliers in all phases of lien enforcement. Our services include:
- Preparing and serving Notices to Owner
- Drafting, recording, and enforcing construction liens
- Negotiating payment and release agreements
- Filing foreclosure actions to secure payment
- Defending against improper lien challenges or notices of contest
Our attorneys know how to apply the Florida Construction Lien Law in order to help contractors recover payments faster and avoid unnecessary litigation.
FAQs for Contractors
Can I file a lien on public property?
No. Florida law prohibits construction liens on public property, but you may have the right to file a payment bond claim under the Miller Act or Florida’s Little Miller Act instead.
What if I’m a subcontractor — can I still file a lien?
Yes, subcontractors and suppliers can file liens, provided they properly serve the Notice to Owner and follow all Chapter 713 requirements.
What if my lien is challenged or contested?
If an owner files a Notice of Contest of Lien, your enforcement deadline may shorten to 60 days. Bitman Law can immediately file suit to preserve your claim.
