Construction Lien Defense

Not every recorded lien is enforceable.

Property owners, developers, contractors, and sureties may need to defend against construction liens that are invalid, overstated, premature, late, or legally defective. A construction lien can cloud title, interfere with refinancing or sale, and create litigation pressure even when the lien is disputed.

Lien defense begins with a detailed review of the lienor’s compliance with Chapter 713. Key issues often include whether the lienor served a timely Notice to Owner, whether the lien was recorded within the proper deadline, whether the amount claimed includes non-lienable items, whether the work was actually performed, whether payment has already been made, and whether the contractor was properly licensed.

Some liens may be challenged as exaggerated or fraudulent. Others may be subject to discharge, transfer to bond, or shortened enforcement deadlines. For example, a property owner may record and serve a Notice of Contest of Lien under section 713.22(2), Florida Statutes, which reduces the lienor’s time to file a foreclosure action to 60 days. If the lienor fails to act within that period, the lien is extinguished by operation of law.

In some cases, the owner’s best move is not simply to dispute the debt, but to require the lienor to prove strict compliance with Florida lien law.

Lien defense often overlaps with Breach of Construction Contract, Chapter 558, Unlicensed Contracting, Unpermitted Construction Work, and defective work claims. A strong defense strategy should address both the lien itself and the underlying construction dispute.