How to File a Construction Lien in Florida: Deadlines, Forms, and Process for 2026

In Florida’s dynamic construction landscape, especially with the persistent demand driven by hurricane rebuilds and rapid development, securing payment for your labor and materials is paramount. While opportunity abounds, so does the risk of non-payment. This is precisely why Florida’s construction lien law exists: to provide a powerful legal remedy for contractors, subcontractors, suppliers, and other eligible parties to secure payment for their contributions to a construction project.

This guide, crafted for construction professionals operating under Florida’s unique legal framework, including both state-certified contractors (who can work statewide) and county-registered contractors (who are limited to specific counties), cuts through the noise. We will provide a direct, no-BS breakdown of how to navigate Florida’s construction lien process, ensuring you understand the critical deadlines, required forms, and precise steps to protect your financial interests.

Understanding Florida’s lien law, primarily governed by Florida Statutes Chapter 713, is not optional; it is a fundamental requirement for operating successfully in the state. Missed deadlines or procedural errors can permanently extinguish your lien rights, leaving you without recourse. Let’s get started.

Overview of Florida Construction Lien Law (Florida Statutes §713)

Florida’s construction lien law, codified primarily in Chapter 713 of the Florida Statutes, is designed to protect those who furnish labor, services, or materials for the improvement of real property. It grants a secured interest in the improved property itself, allowing the lienor (the party filing the lien) to potentially force the sale of the property to satisfy the debt if they are not paid.

The system is complex, balancing the rights of contractors and suppliers against the rights of property owners. It operates on a strict timeline with specific notice requirements intended to inform owners and other interested parties about who is working on their property and who may have a claim against it.

Given Florida’s susceptibility to hurricanes, the construction industry here is often in high gear, responding to extensive rebuild efforts. This intense demand can sometimes lead to rushed projects, strained cash flow, and increased payment disputes. For contractors, whether you’re a state-certified general contractor working across county lines or a county-registered specialty contractor focused on local projects, understanding and utilizing Chapter 713 is your strongest defense against non-payment.

Who Has Lien Rights in Florida?

Not everyone involved in a construction project automatically has lien rights in Florida. Chapter 713 specifically defines who is eligible to file a construction lien. Generally, those who have a direct contract with the property owner (known as being “in privity” with the owner) have different requirements than those who do not.

Eligible parties include:

Laborers: Individuals who perform labor for the improvement of real property.
Materialmen (Suppliers): Those who furnish materials directly to the owner, contractor, or a subcontractor.
Subcontractors: Those who contract with a contractor to perform a portion of the work.
Sub-subcontractors: Those who contract with a subcontractor.
Professional Service Providers: Licensed architects, landscape architects, interior designers, engineers, and surveyors and mappers who furnish services for the improvement of real property.
Contractors: Those who are in direct contract with the owner. This includes general contractors and specialty contractors.
Land Clearers, Graders, Fillers, and Excavators: Those who perform services for the improvement of real property.

Crucially, to have lien rights, the labor, services, or materials must be “furnished for the improvement of real property.” This generally means that the work or materials must be incorporated into the property or be essential for its improvement.

Preliminary Notice Requirements: The Florida Notice to Owner (NTO)

The Notice to Owner (NTO) is arguably the most critical preliminary step for most parties seeking to preserve their lien rights in Florida. It is a statutory notice required by Florida Statutes §713.06 to inform the property owner (and other specified parties) that you are furnishing labor, services, or materials to their property and intend to look to the property for payment if you are not paid.

Who Must Send an NTO?

Generally, any lienor NOT in direct contract with the property owner must serve an NTO. This includes:

Subcontractors
Sub-subcontractors
Materialmen (suppliers) to a contractor or subcontractor
Professional service providers not in direct contract with the owner

Parties NOT required to send an NTO:

Laborers (individuals performing manual labor)
Lienors in direct contract with the owner (e.g., the general contractor).
Lienors whose only contract is with the owner and who provide professional services, although it is often a good practice to send one anyway.

NTO Deadline: 45 Days

The NTO must be served no later than 45 days from the date you first furnish labor, services, or materials to the project. This deadline is strictly enforced. If you miss the 45-day window, your lien rights for that project are likely extinguished, regardless of how much money you are owed.

It’s important to note that the “first furnishing” date is key. Do not wait until your first invoice or until a dispute arises. The clock starts ticking when you physically bring materials to the site or begin work.

Who Receives the NTO?

The NTO must be served on:

The property owner(s) (as identified in the Notice of Commencement).
The contractor (if you are a subcontractor or supplier to a subcontractor).
Any lender identified in the Notice of Commencement (if applicable).

Always review the recorded Notice of Commencement for accurate names and addresses of all required recipients. If no Notice of Commencement is recorded, you may rely on the building permit application or public records, but diligent effort to identify the owner is always required.

Required Content of the NTO

Florida Statutes §713.06(2)(c) provides a statutory form for the NTO. While minor deviations may be acceptable, it is always best to adhere as closely as possible to the prescribed language. Key elements include:

A statement that the lienor intends to look to the property to secure payment.
The name and address of the lienor.
The name and address of the party with whom the lienor contracted.
A description of the property sufficient for identification.
A description of the labor, services, or materials furnished.

Service of the NTO

The NTO must be served by certified mail, return receipt requested, or by actual delivery to the person to be served. If served by certified mail, service is effective upon mailing, even if not received. However, retaining the green return receipt card is crucial proof of service.

Step-by-Step Process for Filing a Construction Lien in Florida

Once you have properly preserved your lien rights by serving a timely NTO (if required), and payment remains outstanding, the next step is to record a Claim of Lien. This is a formal, public document that establishes your legal claim against the property.

Step 1: Verify Your Lien Rights and Outstanding Debt

Before proceeding, confirm:

You are an eligible lienor under Florida Statutes §713.
You served a timely NTO, if required.
The debt is legitimately owed for labor, services, or materials furnished to the specific property.
You have not been paid in full for the work.

Step 2: Gather Necessary Information and Documentation

You will need precise details for your Claim of Lien:

Property Owner’s Name and Address: As listed on the Notice of Commencement or property records.
Legal Description of the Property: This is critical. It must be accurate and sufficient to identify the property. Obtain this from the Notice of Commencement, property appraiser’s website, or recorded deed. A street address alone is often insufficient.
Lienor’s Name and Address: Your company’s full legal name and mailing address.
First and Last Date of Furnishing: The exact dates you began and completed work or delivered materials to the project. These dates are crucial for calculating deadlines.
Description of Labor, Services, or Materials: A clear, concise description of what you provided.
Amount Owed: The precise, unpaid balance for the lienable work. Be careful not to inflate this amount, as it can invalidate your lien.
Notary Public: The Claim of Lien must be signed under oath and notarized.

Step 3: Draft the Claim of Lien

Florida Statutes §713.08 provides a statutory form for the Claim of Lien. Adhere to this form closely. The Claim of Lien must be in writing, signed by the lienor (or an agent or attorney), and sworn to or affirmed under oath before a notary public. Key components include:

The name of the lienor and its address.
The name of the person with whom the lienor contracted.
The labor, services, or materials furnished and the contract price or value thereof.
The legal description of the real property.
The name of the owner of the real property.
The first and last dates of furnishing labor, services, or materials.
The amount unpaid to the lienor for such labor, services, or materials.
A statement that the lienor has furnished a Notice to Owner as required by §713.06(2), if applicable.
A statement that the lien is served on the owner or the owner’s agent within 15 days of recording.

Step 4: Record the Claim of Lien

The Claim of Lien must be recorded in the clerk’s office of the county where the property is located. This is typically done by physically bringing the original, notarized document to the Clerk of the Circuit Court’s recording division or by submitting it electronically if the county offers that service. Be prepared to pay the applicable recording fees (which vary by county and page count).

Step 5: Serve a Copy of the Recorded Claim of Lien

After recording the Claim of Lien, you are statutorily required to serve a copy of it on the owner of the property (and anyone else designated in the Notice of Commencement) within 15 days of the date of recording. Failure to do so can invalidate your lien. Service should be made by certified mail, return receipt requested, or by personal service.

Critical Deadlines and Timeline (Florida-Specific)

Florida’s construction lien law is unforgiving when it comes to deadlines. Missing any of these can result in the loss of your lien rights. Mark these dates clearly and manage them meticulously.

45-Day Deadline: Serve Notice to Owner (NTO)

When: No later than 45 days from the date of first furnishing labor, services, or materials to the project.
Who: All lienors NOT in direct contract with the owner (subcontractors, sub-subcontractors, suppliers).
Consequence of Missing: Loss of lien rights for that project.

90-Day Deadline: Record Claim of Lien

When: No later than 90 days after the final furnishing of labor, services, or materials by the lienor. This includes punch list work if it’s substantial, but not warranty work or the correction of deficiencies.
Who: All eligible lienors.
Consequence of Missing: Loss of lien rights.

15-Day Deadline: Serve Recorded Claim of Lien

When: Within 15 days of recording the Claim of Lien with the county clerk.
Who: All lienors who recorded a Claim of Lien. Must serve on the owner and any other party designated in the Notice of Commencement.
Consequence of Missing: The lien is voidable to the extent that the failure to serve prejudices the owner. This is a significant risk.

1-Year Deadline: File Lawsuit to Enforce Lien

When: Within 1 year from the date the Claim of Lien was recorded.
Who: All lienors who recorded a Claim of Lien and have not been paid.
Consequence of Missing: The lien expires and is no longer enforceable.

60-Day Deadline (if “Notice of Contest of Lien” is served): File Lawsuit to Enforce Lien

When: If the owner or contractor records and serves a “Notice of Contest of Lien,” the 1-year deadline to enforce is dramatically shortened to 60 days from the date the clerk records the Notice of Contest.
Who: The lienor whose lien is being contested.
Consequence of Missing: The lien expires and is no longer enforceable. This is a common tactic by owners/contractors to force lienors to act quickly or lose their rights.

30-Day Deadline (if “Demand for Sworn Statement of Account” is served): Provide Sworn Statement

When: If an owner or contractor serves a “Demand for Sworn Statement of Account” on a lienor, the lienor must provide a written statement under oath of the labor, services, or materials furnished and the amount due within 30 days of the demand.
Who: Any lienor who receives such a demand.
Consequence of Missing: The lienor may lose their lien rights if the failure to provide the statement prejudices the owner or contractor.

10-Day Deadline (upon satisfaction): Record Satisfaction of Lien

When: Within 10 days after payment in full for the amount of the lien.
Who: The lienor who filed the lien.
Consequence of Missing: The lienor may be liable for damages resulting from the delay and for court costs and attorney’s fees incurred by the person against whom the lien was filed.

Required Content of the Lien Claim in Florida

As mentioned, Florida Statutes §713.08 provides a specific format for the Claim of Lien. Deviation from this format without careful legal review can be perilous. Ensure your Claim of Lien includes the following, accurately and completely:

Lienor’s Name and Address: The full legal name and mailing address of the entity or individual claiming the lien.
Name of Party Contracted With: The name of the person or entity with whom the lienor contracted (e.g., the general contractor, a subcontractor, or the owner).
Description of Labor, Services, or Materials Furnished: A clear and concise statement of the work performed, services rendered, or materials supplied. Be specific but avoid excessive detail.
Contract Price or Value: The total contract price or, if no contract, the value of the labor, services, or materials furnished.
Legal Description of the Real Property: This is paramount. It must be a full and accurate legal description sufficient to identify the property. A street address alone is often insufficient and can lead to invalidation.
Owner’s Name: The name of the owner of the real property, as identified in the Notice of Commencement or public records.
First and Last Dates of Furnishing: The exact dates the lienor first and last furnished labor, services, or materials to the project.
Amount Unpaid: The precise amount of money still owed to the lienor for the lienable work. Do not include amounts for non-lienable items, speculative damages, or overhead that is not directly attributable to the specific project.
Notice to Owner Statement: A statement confirming that a Notice to Owner was furnished as required by Florida Statutes §713.06(2), if applicable.
Service Statement: A statement confirming that a copy of the lien has been served on the owner or the owner’s agent within 15 days of recording.
Signature and Notarization: The Claim of Lien must be signed by the lienor or their authorized agent/attorney and sworn to or affirmed under oath before a notary public.

Service Requirements (Who Must Be Notified and How)

Proper service of notices and the Claim of Lien is as critical as the content itself. Florida law specifies the methods of service to ensure all relevant parties are informed.

Service of Notice to Owner (NTO)

Method: Certified mail, return receipt requested, or actual delivery (e.g., by a process server).

Recipients:

The owner(s) listed in the Notice of Commencement.
The contractor listed in the Notice of Commencement (if you are a subcontractor or supplier to a subcontractor).
Any lender listed in the Notice of Commencement.
Proof: Retain the certified mail receipts and the green return receipt cards. For personal service, obtain an affidavit of service.

Service of Recorded Claim of Lien

Method: Certified mail, return receipt requested, or personal service.

Recipients:

The owner(s) of the property.
Any other person designated in the Notice of Commencement to receive notices.
Deadline: Within 15 days of the date the Claim of Lien was recorded.
Proof: As with the NTO, retain all certified mail documentation or affidavits of service.

It is generally best practice to use certified mail, return receipt requested, as it provides a clear paper trail and is statutorily recognized as effective upon mailing for NTOs. For the recorded Claim of Lien, while effective upon mailing, actual delivery is preferred to avoid disputes, and the 15-day deadline is strict.

Enforcement Deadline (Lawsuit Filing Timeline After Lien Recording)

Recording a Claim of Lien is only the first step in securing payment. If the lien remains unpaid, the next step is to enforce it through a lawsuit, typically a “Complaint to Foreclose Construction Lien.”

The standard deadline to file this lawsuit is 1 year from the date the Claim of Lien was recorded in the public records. If you fail to file a lawsuit within this 1-year period, your lien automatically expires and becomes unenforceable. There are no extensions or do-overs for this deadline.

Crucial Exception: Notice of Contest of Lien

Property owners or contractors often use a tactic called a “Notice of Contest of Lien” to accelerate the enforcement timeline. If a Notice of Contest of Lien is recorded by the owner or contractor and properly served upon the lienor, the deadline to file a lawsuit to enforce the lien is drastically shortened to 60 days from the date the Notice of Contest of Lien was recorded by the clerk. This is a critical trap for the unwary. If you receive a Notice of Contest, contact a Florida construction attorney immediately.

Lien Waivers Under Florida Law (Conditional vs. Unconditional)

Lien waivers are agreements where a lienor gives up their right to file a lien in exchange for payment. They are common in Florida construction and are governed by Florida Statutes §713.20. Understanding the difference between conditional and unconditional waivers is paramount.

Conditional Lien Waivers

A conditional lien waiver states that the waiver is effective only upon actual receipt of payment. If the payment check bounces or is otherwise not honored, the waiver is void, and the lienor retains their lien rights. This is the safer option for a lienor who has not yet received payment.

Example Language: “The undersigned lienor, in consideration of the sum of $ [Amount] , hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through [Date], to the extent of the payment received. This waiver and release is conditioned upon clearance of the payment instrument.”

Unconditional Lien Waivers

An unconditional lien waiver means that the lien rights are released immediately upon signing, regardless of whether payment has actually been received. Signing an unconditional waiver before receiving cleared funds is extremely risky and can result in losing your lien rights without getting paid.

Partial vs. Final Waivers

Partial Release of Lien: Releases lien rights for a specific period or for the amount of a progress payment. It explicitly states that lien rights for future work or remaining balances are retained.
Final Release of Lien: Releases all lien rights for all labor, services, or materials furnished to the project, typically upon final payment.

Key Takeaways for Lien Waivers:

Never sign an unconditional waiver before you have received and confirmed cleared funds.
Always read waivers carefully. Do not assume they are standard.
Ensure the waiver accurately reflects the payment received and the period it covers.
If in doubt, consult with a Florida construction attorney before signing.

Bond Claims on Florida Public Projects (Little Miller Act Equivalent)

A critical distinction in Florida lien law is the difference between private and public projects. You cannot file a construction lien against public property (e.g., schools, government buildings, public roads). Instead, for public projects, Florida has its own version of the federal Miller Act, often referred to as the “Little Miller Act,” codified in Florida Statutes §255.05.

This statute requires the general contractor on most public projects to provide a payment bond. This bond serves as a substitute for the lien remedy, guaranteeing payment to subcontractors and suppliers if the contractor fails to pay them.

Key Deadlines for Florida Bond Claims (§255.05):

Notice of Nonpayment: 45 Days

When: A claimant not in direct privity with the contractor (e.g., a sub-subcontractor or supplier to a subcontractor) must serve a written notice of nonpayment on the contractor and the surety within 45 days after the first furnishing of labor, services, or materials.
Consequence of Missing: Loss of rights to make a bond claim.

Claim Deadline: 90 Days

When: All claimants must deliver a written notice of their claim to the contractor and the surety within 90 days after the claimant’s final furnishing of labor, services, or materials.
Consequence of Missing: Loss of rights to make a bond claim.

Enforcement Deadline: 1 Year

When: A lawsuit to enforce the bond claim must be filed no later than 1 year after the performance of the labor or completion of delivery of the materials.
Consequence of Missing: Loss of rights to make a bond claim.

Just like construction liens, bond claims have strict notice and enforcement deadlines. Public projects require a different strategy and understanding of these specific timelines to secure payment.

Common Mistakes That Invalidate Florida Liens

The Florida lien law is a minefield of potential errors. Even minor mistakes can be fatal to your claim. Be vigilant and avoid these common pitfalls:

Missing the Notice to Owner (NTO) Deadline: This is the most frequent and devastating error for subcontractors and suppliers. Missing the 45-day window almost always extinguishes your lien rights.
Inaccurate or Incomplete NTO: Failing to include all required information or sending it to the wrong parties.
Missing the Claim of Lien Recording Deadline: Waiting too long (beyond 90 days from last furnishing) to record the lien.
Incorrect Legal Description of Property: Using a street address instead of a proper legal description, or providing an incorrect legal description. This is a common and fatal flaw.
Overstating the Lien Amount: Intentionally inflating the amount owed can lead to invalidation of the entire lien and potential liability for damages.
Failure to Serve the Recorded Claim of Lien: Not serving the owner with a copy of the recorded lien within 15 days can void the lien.
Failure to File Lawsuit to Enforce the Lien: Allowing the 1-year (or 60-day if contested) deadline to expire without filing a foreclosure action.
Improper Notarization: The Claim of Lien must be properly sworn to and notarized. Errors here can invalidate the document.
Including Non-Lienable Items: Attempting to lien for items not directly incorporated into the improvement or not statutorily recognized as lienable (e.g., lost profits, punitive damages).
Signing an Unconditional Lien Waiver Prematurely: Releasing your lien rights before actual receipt and clearance of funds.
Ignoring a Notice of Contest of Lien: Failing to respond within the shortened 60-day window to enforce the lien.

Lien Release and Discharge Process in Florida

Once your lien claim has been satisfied, whether through payment, settlement, or other means, you have a legal obligation to formally release and discharge the lien from the public records. This is done by filing a “Satisfaction of Lien” or “Release of Lien.”

When to Release a Lien:

Florida Statutes §713.21(1) requires a lienor who has received full payment for their lien claim to execute a satisfaction of lien and record it with the clerk of the circuit court. This must be done within 10 days after the payment is received.

Process for Releasing a Lien:

Draft a Satisfaction of Lien: This document states that the lien recorded on a specific date and instrument number, against a specific property, has been satisfied in full and is hereby released. It must be signed by the lienor or an authorized agent.
Notarize the Document: The Satisfaction of Lien must be notarized.
Record with the Clerk: File the notarized Satisfaction of Lien with the Clerk of the Circuit Court in the same county where the original Claim of Lien was recorded. You will pay a small recording fee.
Provide a Copy: It is good practice to provide a copy of the recorded Satisfaction of Lien to the owner and any other interested parties.

Consequences of Failing to Release a Lien:

If you fail to record a satisfaction of a lien within 10 days after payment, Florida Statutes §713.21(4) states that you may be liable to the owner for damages attributable to the failure to so act. This can include attorney’s fees and costs incurred by the owner to have the lien discharged.

Florida-Specific Filing Fees and Costs

While the exact fees can vary slightly by county, here’s a general breakdown of the costs associated with the Florida lien process:

Recording Fees: The Clerk of the Circuit Court charges fees for recording documents like the Notice of Commencement, Claim of Lien, and Satisfaction of Lien. These are typically charged per page, plus an initial filing fee. For example, the first page might cost $10, and subsequent pages $8. Always check the specific county clerk’s website for their current fee schedule.
Certified Mail Costs: Sending NTOs and recorded liens via certified mail with return receipt requested will incur postal fees, typically $5-10 per mailing.
Process Server Fees: If you opt for personal service (e.g., for NTOs or the recorded Claim of Lien), process server fees can range from $50 to $150 or more, depending on the location and difficulty of service.
Attorney’s Fees: If you need legal assistance to draft documents, serve notices, respond to contests, or file a lawsuit, attorney’s fees will be the most significant cost. These can range from a few hundred dollars for document review to thousands for a full foreclosure action. Florida law allows for the prevailing party in a lien enforcement action to recover their attorney’s fees, which can be a powerful incentive but also a risk.
Title Search Fees: Sometimes necessary to obtain an accurate legal description of the property or identify all proper parties for service.

These costs should be factored into your decision-making process, though the cost of not filing a lien (i.e., losing payment entirely) is often far greater.

When to Hire a Florida Construction Attorney

While this guide provides a comprehensive overview, the complexities of Florida construction lien law make legal counsel invaluable in many situations. You should consider hiring a Florida construction attorney when:

The Project is Large or Complex: High-value projects or those with multiple parties, complex contracts, or financing arrangements warrant expert legal review.
Facing a Notice of Contest of Lien: This immediately shortens your enforcement deadline to 60 days. You need immediate legal action.
Disputes Over Lien Amounts or Scope of Work: If there’s disagreement over what’s owed or if the work is lienable, legal guidance is essential.
Drafting Custom Lien Waivers or Contracts: To ensure your documents protect your interests.
Considering a Lawsuit to Foreclose a Lien: Foreclosure actions are complex legal proceedings that require experienced litigators.
Receiving a Demand for Sworn Statement of Account: Ensuring a compliant and timely response.
Dealing with Bankruptcy: If any party on the project files for bankruptcy, it significantly impacts lien rights and enforcement.
Unusual Circumstances: Any scenario that deviates from a straightforward payment dispute.

An experienced Florida construction attorney can help you navigate the nuances of Chapter 713, avoid costly mistakes, and maximize your chances of securing payment.

Technology Tools for Tracking Florida Lien Deadlines

Given the strict and numerous deadlines in Florida lien law, reliance on manual tracking methods is a recipe for disaster. Leveraging technology is no longer a luxury but a necessity for any serious construction business. Here are types of tools that can help:

Lien Management Software: Dedicated platforms designed specifically for tracking lien deadlines, generating notices (like NTOs), and managing the entire lien process across multiple projects. These tools often have built-in Florida-specific templates and automate reminders.
Project Management Software with Custom Fields: Many robust construction project management platforms allow you to set up custom fields for “First Furnishing Date,” “NTO Due Date,” “Lien Filing Due Date,” etc., and create automated alerts.
CRM Systems: Customer Relationship Management (CRM) software can be configured to track project milestones and trigger reminders for lien-related deadlines.
Cloud-Based Document Management: Securely store all project documents, including contracts, invoices, delivery tickets, and proof of service, making them easily accessible for lien preparation.
Digital Calendar and Reminder Systems: While not as comprehensive as specialized software, using shared digital calendars (Google Calendar, Outlook Calendar) with multiple reminders can provide a basic layer of protection.

Regardless of the tool, the key is meticulous data entry and consistent use. The accuracy of your lien depends on the accuracy of your records, especially the critical dates of first and last furnishing.

Frequently Asked Questions About Florida Construction Liens

What is a Notice of Commencement in Florida, and why is it important?

A Notice of Commencement (NOC) is a recorded document that signals the start of a construction project. It provides critical information, including the property owner’s name and address, the legal description of the property, the general contractor’s name and address, and often the project lender. It is vital because all lienors (except laborers and those in direct contract with the owner) rely on the NOC to identify the parties who must receive a Notice to Owner (NTO). If an NOC is not recorded, lienors may rely on other public records, but the NOC is the primary source of truth for lien purposes.

Can I file a lien if I don’t have a written contract?

Yes, in Florida, you can still have lien rights even without a formal written contract, as long as you performed lienable work or supplied materials to the property with the owner’s knowledge and consent. However, proving the terms of an oral contract can be challenging. It’s always best practice to have a written agreement. The amount of the lien would typically be based on the reasonable value of the labor, services, or materials furnished.

What happens if the property owner sells the property after I’ve filed a lien?

A properly recorded construction lien “runs with the land.” This means it attaches to the property itself, not just the owner. If the property is sold after your lien is recorded, the new owner takes the property subject to your lien. The lien remains a cloud on the title, and the new owner will likely need to address it (either by paying it or having it discharged) before they can obtain clear title or refinance.

Can I include attorney’s fees and interest in my Florida construction lien amount?

No. The amount of a Claim of Lien in Florida must only reflect the unpaid contract price or the value of the labor, services, or materials furnished. You cannot include attorney’s fees, interest, lost profits, or other consequential damages in the face amount of the lien. However, if you prevail in a lawsuit to enforce the lien, Florida Statutes §713.29 generally allows the prevailing party to recover reasonable attorney’s fees and costs incurred in the action.

Is there a minimum dollar amount required to file a construction lien in Florida?

No, Florida law does not specify a minimum dollar amount for a construction lien. If you have properly preserved your lien rights and are owed money for lienable work or materials, you can file a lien regardless of the sum. However, the costs associated with filing and enforcing a lien (especially attorney’s fees) may make it impractical to pursue very small claims without careful consideration.

What is the difference between a “Claim of Lien” and a “Lien Foreclosure Lawsuit”?

A “Claim of Lien” is the recorded document that formally establishes your legal claim against the property in the public records. It serves as notice of your interest. A “Lien Foreclosure Lawsuit” (or “Complaint to Foreclose Construction Lien”) is a judicial action filed in court to enforce that Claim of Lien. If successful, the lawsuit can result in a court order to sell the property to satisfy the unpaid lien amount. The Claim of Lien creates the right; the lawsuit enforces it.

Navigating Florida’s construction lien law is a complex endeavor, but with the right knowledge and diligent adherence to statutory requirements, you can effectively protect your payment rights. Don’t leave your hard-earned money to chance – understand and utilize the power of Florida’s construction lien statute.

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