Claim of Lien Filing and Enforcement

A claim of lien is not a collection letter. It is leverage.

A claim of lien is the document that asserts a construction lien against private real property. For contractors, subcontractors, suppliers, and other lienors, it is one of the most important tools for securing payment on a Florida construction project.

A claim of lien is not just a collection letter. It must be prepared carefully, supported by the underlying contract and payment history, and recorded within the applicable deadline. If the lien is defective, late, exaggerated, or unsupported, the lienor may lose leverage and may face counterclaims or attorney’s fee exposure.

Before filing a Claim of Lien, the lienor should evaluate whether a Notice to Owner was required and timely served, whether the property description is accurate, whether the amount claimed is lienable, whether the claimant is properly licensed if required, and whether the work falls within the scope of Florida lien law.

After a lien is recorded, enforcement within one year is critical. A lien does not last indefinitely and cannot be extended or renewed beyond one year except by filing a lawsuit to foreclose the lien. If payment is not resolved, the lien must be enforced through litigation before the deadline expires. Owners may also take steps to shorten the enforcement period or pursue Lien Removal.

Montesino Law assists with preparing, recording, enforcing, and litigating Florida construction liens.