Lien Removal, Discharge and Bonding Off Liens

A construction lien can cloud title, but Florida law gives owners tools to fight back.

A construction lien can create serious problems for property owners. It may cloud title, delay a sale, interfere with financing, and create leverage for the unpaid party in a disputed payment claim. Florida law provides several tools for addressing liens, including lien discharge, lien transfer, bonding off the lien, and litigation-based challenges.

Lien removal strategy depends on the defect or dispute. Some liens may be invalid because the lienor failed to serve a required Notice to Owner, missed a deadline, included non-lienable amounts, exaggerated the lien, lacked required licensing, or failed to comply with Chapter 713. Other liens may be technically valid but disputed on the merits.

In some cases, an owner may transfer the lien from the property to a bond, freeing the property from the lien while preserving the dispute against substitute security. In other cases, the owner may serve statutory notices or file an action to require the lienor to enforce the lien within a shortened period or lose it.

Florida law also allows a property owner to file a lawsuit for an order to show cause under section 713.21(4), Florida Statutes. This procedure requires the lienor to show cause within 20 days why the lien should not be enforced or remain in place. If the lienor fails to timely respond or cannot establish a valid basis for the lien, the court may discharge the lien.

Lien removal often connects with Construction Lien Defense, Unlicensed Contracting, Unpermitted Construction Work, Breach of Construction Contract, and Chapter 558. The goal is to resolve the lien while addressing the underlying construction dispute.