Florida Construction Lien Law

Florida lien rights are powerful, but only if they are preserved correctly.

Florida construction lien law gives contractors, subcontractors, suppliers, and certain other construction participants a statutory remedy for unpaid labor, services, or materials furnished to improve private real property. The remedy is powerful, but it is also technical. Chapter 713, Part I of the Florida Statutes governs construction liens and sets out the core rules for lien rights, notices, claims of lien, enforcement, defenses, and related procedures.

A Florida construction lien dispute usually begins with one question: did the claimant properly preserve lien rights? For lienors who did not have a direct contract with the property owner, that typically depends on whether a timely and compliant Notice to Owner was served. From there, the analysis moves to the amount claimed, the timing of the Claim of Lien, the scope of the work, the contract documents, payment history, licensing status, and any available defenses.

Florida construction lien law often overlaps with other construction disputes. A lien claim may depend on disputed Change Orders, allegations of defective work under Chapter 558, project delay issues, retainage, termination, or a Breach of Construction Contract. On public projects, lien rights are not available, and the proper remedy may be a payment bond claim under the Florida Little Miller Act, FDOT Bond Claims, or Federal Miller Act.

Montesino Law helps clients evaluate, file, enforce, challenge, remove, and defend construction liens throughout Florida.