Florida Construction Liens on Real Estate – Practical Guide

1. What Is a Construction Lien?

A construction lien (sometimes called a “mechanic’s lien”) is a legal claim against real property for unpaid labor, services, or materials used to improve that property.

In Florida, this right is created and controlled by Chapter 713, Part I, Florida Statutes. It protects those who improve property but have not been paid — and also protects owners through specific notice and timing requirements.

2. Who Can File a Construction Lien?

Under Fla. Stat. §§ 713.03–713.06, the following parties can claim a lien:

• Contractors – those with a direct contract with the owner.
• Subcontractors – those hired by the contractor.
• Sub-subcontractors and material suppliers – if they furnish labor or materials to improve the property.
• Laborers – individuals who personally perform work on site.
• Design professionals – architects, engineers, surveyors, and interior designers who provide design services.

3. Property Covered by the Lien

Per Fla. Stat. § 713.07, the lien attaches to:

• The owner’s interest in the improved real estate, and
• Any leasehold interest, if improvements were made with the landlord’s consent.

If multiple parcels are improved as part of one contract, the lien may extend to all parcels improved.

4. Step-by-Step: How the Florida Lien Process Works

Step 1 – Owner Files a Notice of Commencement

(Fla. Stat. § 713.13)

• The owner must record a Notice of Commencement (NOC) in the county’s official records before work begins.
• It lists the owner, contractor, lender, and property description.
• A copy must be posted on the job site.
• The NOC expires one year after recording unless otherwise stated.

Purpose: This document alerts everyone who may work on the project where to send notices to preserve lien rights.

Step 2 – Subcontractors and Suppliers Send a Notice to Owner

(Fla. Stat. § 713.06(2)(a))

• If you don’t have a contract directly with the owner, you must send a “Notice to Owner”.
• Must be served within 45 days after first furnishing labor or materials.
• Must be sent to the addresses listed in the Notice of Commencement.
• Failure to send this notice on time voids lien rights.

Step 3 – Work Is Performed

As work progresses, lienors should keep:

• Copies of contracts and change orders,
• Proof of material delivery,
• Records of payments received and outstanding, and
• Dates of first and last furnishing.

Step 4 – Recording the Claim of Lien

(Fla. Stat. § 713.08)

• Must be recorded within 90 days after the final day labor, materials, or services were furnished.
• Must be served on the owner within 15 days after recording.
• The claim must include:
  • Lienor’s name and address
  • Owner’s name
  • Description of labor or materials
  • Legal description of the property
  • Amount unpaid

Step 5 – Enforcing the Lien

(Fla. Stat. §§ 713.21–713.27)

• If not paid, a lienor must file a lawsuit to foreclose the lien within one year after the lien was recorded.
• The owner may shorten that period to 60 days by recording a Notice of Contest of Lien or 20 days if they file a Summons to Show Cause.
• Foreclosure is handled in circuit court, similar to a mortgage foreclosure.

5. How a Lien Is Removed or Discharged

A lien can be cleared from property records by:

6. Priority of Liens

• Construction liens relate back to the recording date of the Notice of Commencement (§ 713.07).
• Generally subordinate to previously recorded mortgages.
• Priority among lienors is based on the sequence of performance, not recording order.

7. Waivers and Releases

(Fla. Stat. § 713.20)

• Liens may be waived or released in writing only.
• Florida provides statutory forms for both partial and final releases.
• Conditional waivers may be used when payment is pending or made by check.

8. Penalties and Fees

• Fraudulent Lien (§ 713.31): Knowingly exaggerating a lien or claiming work not performed is a felony and invalidates the lien.
• Attorney’s Fees (§ 713.29): The prevailing party in a lien enforcement action is entitled to reasonable attorney’s fees.

9. Common Mistakes That Invalidate Liens

• Missing 45-day or 90-day notice/recording deadlines
• Failing to serve the owner properly
• Using an inaccurate property description
• Overstating the amount due (risking a fraudulent lien)
• Not verifying that the Notice of Commencement is still valid

Understanding how Florida construction liens work helps ensure that both contractors and property owners are aware of their rights and obligations, reducing the risk of disputes. Contact the Violette Law Firm to address all your construction lien concerns.