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.
Related Services
Questions About Florida Claims of Lien
A Claim of Lien can create powerful payment leverage, but only if the lien is timely, accurate, properly recorded, properly served, and enforceable.
How do you file a construction lien in Florida?
To file a construction lien in Florida, the lienor must prepare a proper Claim of Lien, record it in the public records of the county where the property is located, and comply with the applicable service and deadline requirements. Before recording, the lienor should evaluate the amount claimed, the property description, the contract chain, licensing issues, and whether a Notice to Owner was required.
What is the deadline to record a Claim of Lien in Florida?
Florida construction liens are deadline-sensitive. The recording deadline is generally measured from the lienor’s final furnishing of labor, services, or materials, not from the date of the last invoice or the date payment was refused. Because deadline mistakes can destroy lien rights, the deadline should be evaluated before the lien is recorded.
Can a Claim of Lien include unpaid change orders?
Unpaid change order work may be included if the work is lienable, authorized, properly documented, and part of the amount that can legally be claimed. Disputed change orders should be reviewed carefully because overstating a lien can create defenses and serious consequences.
What happens after a Claim of Lien is recorded?
After a Claim of Lien is recorded, the lienor must consider service requirements, settlement strategy, potential owner defenses, lien transfer bond issues, and the deadline to file a lien foreclosure action. Recording the lien is not the end of the process. If the lien is not enforced on time, lien rights can be lost.
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.