Construction Litigation

How does a mechanics' lien work in Florida?

Florida's Chapter 713 requires non-privity claimants to serve a Notice to Owner within 45 days of first work, then file the lien within 90 days of last work. The lien is filed in the official records of the county. Failure to comply at any step can be fatal.

Florida's Construction Lien Law (Fla. Stat. ch. 713) is among the most procedurally demanding in the United States. Non-privity claimants face deadlines that can run as short as 45 days; original contractors face their own deadlines and bond-claim alternatives.

Notice to Owner (non-privity claimants).

Subcontractors, materialmen, and laborers without direct contract with the owner must serve a Notice to Owner within 45 days of beginning work (and before final payment to the contractor). The NTO warns the owner of potential lien exposure and is a prerequisite to a valid lien.

Filing the lien.

The lien (called a "Claim of Lien" in Florida) must be filed in the official records of the county where the property sits, within 90 days of last work. The claim must identify the claimant, the property, the labor or materials furnished, and the unpaid amount.

Notice of Commencement and bonded jobs.

Many Florida projects have a recorded Notice of Commencement, which sets the legal start date for various deadlines. Bonded jobs route lien claimants to the payment bond rather than a lien on real property; that procedural shift changes the deadlines and forum.

Enforcement.

To enforce, file a foreclosure complaint within one year of lien filing. Florida's process is judicial. Procedural defects — wrong claimant, wrong property description, missed notice — are routinely fatal.

For more, see our construction practice.

Quick reference

  1. Serve Notice to Owner. Within 45 days of first work for non-privity claimants.
  2. Track the Notice of Commencement. Sets the legal start date for several deadlines.
  3. File the Claim of Lien. Within 90 days of last work, in the county official records.
  4. File the foreclosure action. Within one year of lien filing.

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