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.
Related Services
Questions About Florida Construction Lien Defense
Construction lien defense starts with the details. A lien may look intimidating, but its enforceability depends on deadlines, notices, licensing, contract documents, lien amount, service, and the work actually performed.
How can an owner defend against a Florida construction lien?
An owner may defend against a construction lien by challenging whether the lienor complied with Florida lien law, whether the lien was timely, whether the amount is proper, whether required notices were served, whether the lienor was licensed when required, and whether the claimed work or materials are actually lienable.
Can a defective Notice to Owner defeat a lien?
Yes. If a lienor was required to serve a Notice to Owner and failed to do so properly or on time, that can become a major defense to the lien. The notice issue should be reviewed before assuming the lien is enforceable.
Can an exaggerated lien be challenged?
Yes. A lien amount can be challenged if it includes non-lienable work, improper charges, unsupported amounts, disputed change orders, or amounts not properly recoverable through a construction lien. The amount claimed should be compared against the contract, invoices, payment history, change orders, and project records.
What options are available after receiving a construction lien?
Depending on the facts, an owner may dispute the lien, negotiate a release, demand backup, transfer the lien to a bond, use a notice of contest procedure, or defend a lien foreclosure action. The right approach depends on whether the lien is valid, whether the amount is disputed, and whether the property needs to be cleared quickly.
Schedule a Consultation
Protect your business and your bottom line. Call
305-902-LIEN
(305-902-5436) to speak with an attorney who understands the Florida construction industry.