Florida’s Construction Lien Law (Chapter 713, Florida Statutes) is designed to protect contractors, subcontractors, laborers, and material suppliers by giving them a legal right to place a lien on real property when they are not paid for work or materials that improve that property. At the same time, the law sets strict rules to protect property owners by requiring clear notice, deadlines, and procedures before a lien becomes enforceable. The core idea is balance: those who add value to property can secure payment, but only if they follow the statute closely.
A construction lien generally arises when labor, services, or materials are furnished for the improvement of real property, such as building, altering, repairing, or demolishing a structure. General contractors usually have direct lien rights through their contract with the owner, while subcontractors and suppliers have lien rights even without a direct contract with the owner, as long as they comply with notice requirements. The lien attaches to the improved property itself, meaning the property can ultimately be sold to satisfy the debt if payment is not made.
Notice is one of the most important aspects of Florida’s lien law. Subcontractors and suppliers (and sometimes contractors who are not in direct contract with the owner) must serve a Notice to Owner early in the project to preserve lien rights. This notice does not mean there is a problem; it simply informs the owner who is working on the project and who may later claim a lien if unpaid. Failure to serve the required notice on time usually results in losing lien rights entirely, no matter how legitimate the unpaid work may be.
Deadlines are strict and unforgiving. A lien must be recorded in the county’s public records within a specific period after the final furnishing of labor or materials to the project. Once recorded, the lienor must take further action—typically filing a lawsuit to enforce the lien—within another fixed time period, or the lien automatically expires. Owners also have tools to shorten these timelines by recording a Notice of Commencement at the start of the project or a Notice of Contest of Lien after a lien is recorded.
The law also provides protections for owners against improper or exaggerated liens. Owners may demand a sworn statement of account, require lien waivers in exchange for payment, or transfer a lien from the property to a bond, which removes the cloud on the title while the payment dispute is resolved. If a lien is found to be fraudulent or willfully exaggerated, the lienor can face serious penalties, including loss of lien rights and potential liability for damages and attorney’s fees.
Overall, Florida’s Construction Lien Law is highly technical and procedural. Small mistakes in notices, timing, or documentation can invalidate a lien, while owners who ignore notices or deadlines can face serious risks to their property. Because of these complexities, parties involved in Florida construction projects often rely on careful contract drafting, proper recordkeeping, and legal guidance to ensure their rights are protected from the start of the project through final payment.
