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.
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Questions About Florida Construction Lien Law
Florida construction lien law gives certain construction participants a powerful payment remedy, but the remedy depends on strict statutory rules, deadlines, notices, and enforcement requirements.
What is a construction lien in Florida?
A Florida construction lien is a statutory claim against private real property for unpaid labor, services, or materials furnished to improve that property. If properly preserved and enforced, a lien can give the unpaid contractor, subcontractor, supplier, or other lienor leverage beyond an ordinary unpaid invoice.
Who can file a construction lien in Florida?
Contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and certain professionals may have lien rights depending on the work performed, the project, the contract chain, licensing issues, notices, and statutory requirements. The analysis usually starts with who furnished labor, services, or materials and whether lien rights were properly preserved.
What steps are usually required to preserve lien rights?
The required steps depend on the claimant’s role. Many lienors who do not have a direct contract with the owner must timely serve a Notice to Owner. A lienor must also evaluate the deadline to record a Claim of Lien, the amount claimed, service requirements, and the deadline to enforce the lien.
Can lien rights be lost?
Yes. Lien rights can be lost through missed deadlines, failure to serve required notices, recording problems, licensing issues, improper lien waivers, overstated lien amounts, or failure to file a timely lien foreclosure action. Florida construction lien law is powerful, but it is unforgiving when statutory requirements are missed.
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