Mechanics liens

Florida mechanics lien law and deadlines

Florida subs and suppliers serve a Notice to Owner within 45 days of starting, every lienor records a claim of lien within 90 days after final furnishing, and suit must be filed within one year, or 60 days if the owner records a notice of contest.

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Florida calls it a construction lien, and Part I of Chapter 713 of the Florida Statutes is one of the most procedural mechanics lien laws in the country. Subs and suppliers not in privity with the owner must serve a Notice to Owner before starting or within 45 days after starting. Every lienor must record a claim of lien in the county clerk's office within 90 days after its final furnishing of labor, services, or materials and serve the owner. Then the lien lasts one year unless suit is filed, and the owner can cut that to 60 days with a notice of contest. Waivers must follow the statutory forms.

Florida construction lien deadlines at a glance
StepDeadline or ruleFla. Stat.
Notice of commencementRecorded and posted by the owner before work begins§ 713.13
Notice to Owner (subs and suppliers not in privity)Before starting or within 45 days after starting, and before the owner's final payment after the contractor's final affidavit§ 713.06(2)(a)
Claim of lienRecord within 90 days after final furnishing§ 713.08(5)
Serve claim of lien on ownerBefore recording or within 15 days after§ 713.08(4)(c)
Contractor's final payment affidavitAt least 5 days before suing to enforce§ 713.06(3)(d)
Lawsuit to enforceWithin 1 year after recording the claim of lien§ 713.22(1)
Owner's notice of contestShortens the deadline to 60 days after service§ 713.22(2)
Small jobsDirect contracts of $2,500 or less are exempt from most of Part I§ 713.02(5)
Public projectsNo lien; payment and performance bond under § 255.05§ 255.05

Who has construction lien rights in Florida

Florida sorts lienors by privity. A contractor, laborer, or materialman in privity with the owner has a lien under § 713.05. Subcontractors, sub-subcontractors, and materialmen not in privity have a lien under § 713.06 if they follow the notice rules. Design professionals are covered by § 713.03: architects, landscape architects, interior designers, engineers, and surveyors and mappers have a lien for services, and one with a direct contract has a lien even if the property is never actually improved. Professionals do not have to serve a Notice to Owner. Two hard limits: no lien exists for a contractor, sub, or sub-sub who is unlicensed where a license is required (§ 713.02(7)), and total liens under a direct contract cannot exceed the direct contract price (§ 713.06(1)).

The Notice to Owner: Florida's preliminary notice

The Notice to Owner is Florida's preliminary notice, and missing it is a complete defense to the lien. Every lienor not in privity with the owner, except laborers, must serve it before starting or within 45 days after starting to furnish, and in any event before the owner disburses final payment after the contractor provides its final affidavit (§ 713.06(2)(a)). A sub-subcontractor or a supplier to a subcontractor also serves a copy on the contractor, and a supplier to a sub-sub serves the contractor and, if known, the subcontractor. Errors in the content can be forgiven if nobody was hurt, but § 713.06(2)(f) requires strict compliance with the time requirements.

Use the notice of commencement to get names and addresses right. Section 713.13 requires the owner to record it before work begins and post a copy on the job. It lists the owner, contractor, surety (if there is a payment bond), lender, and any person designated to receive copies of notices. With no recorded notice of commencement, § 713.06(2)(e) lets you rely on the building permit application. Here is how timing plays out: a drywall sub starts hanging board in a Tampa office build-out on April 7. The Notice to Owner should be served by May 22, the 45th day. Serving on day 50 can cost the whole lien.

Recording and serving the claim of lien

Section 713.08 gives the contents and a sample form. The claim states the lienor's name and address, who hired it, the work and its value, the property, the owner, the first and last dates of furnishing, the unpaid amount, and, for lienors not in privity, when and how the Notice to Owner was served. It must be signed and sworn before a notary, and it carries a capitalized warning that the lien may remain valid for one year. Record it in the clerk's office of the county (or each county) where the property sits, within 90 days after final furnishing. If the direct contract was terminated, the 90 days run from termination or final furnishing, whichever comes first. Serve the owner before recording or within 15 days after; late service makes the lien voidable to the extent it prejudiced someone.

Enforcing the lien

A Florida lien expires one year after the claim of lien (or an amended claim showing a later final furnishing date) is recorded, unless an enforcement action is filed (§ 713.22(1)). Record a notice of lis pendens to protect the lien against later buyers and creditors. The owner can shorten the year by recording a notice of contest of lien, which the clerk serves on the lienor; the lienor then has 60 days from service to sue or the lien is extinguished automatically (§ 713.22(2)). Contractors in privity have one more step: under § 713.06(3)(d), the contractor must deliver its final payment affidavit to the owner at least 5 days before filing suit, even if the contract was terminated early.

Lien waivers: statutory forms and no advance waivers

Section 713.20 is strict. A right to claim a lien may not be waived in advance, and any advance waiver is unenforceable; a waiver can only cover labor, services, or materials already furnished. The statute provides two forms: a Waiver and Release of Lien Upon Progress Payment (which excludes retention and work after the stated date) and a Waiver and Release of Lien Upon Final Payment. No one may require a lienor to sign a lien waiver different from those forms. A lienor who signs in exchange for a check may condition the waiver on the check clearing. A nonconforming waiver that a lienor does sign is still enforceable on its own terms, so read before you sign.

Residential work and small jobs

Homeowners get extra disclosure. Under § 713.015, a direct contract over $2,500 for improvements to a one to four unit dwelling must include a statutory warning about the lien law, printed in at least 12-point capitalized bold type on the front page or a separate page, signed and dated by the owner. The Notice to Owner form itself carries a warning that owners can end up paying twice. At the other end, § 713.02(5) exempts improvements with a direct contract price of $2,500 or less from most of Part I, except the § 713.05 lien for those in privity. Owners can also take a payment bond under § 713.23, which shifts claims from the property to the bond. Licensing rules are in the Florida contractor license guide.

Public projects use payment bonds instead

Public property is not lienable. Florida's Little Miller Act, § 255.05, requires a contractor on a public building or public work to execute and record a payment bond and performance bond before starting, and the public entity cannot pay the contractor until it gets a certified copy of the recorded bond. State contracts of $100,000 or less do not require a bond, and local governments may exempt contracts of $200,000 or less. Claimants not in privity have their own notice to contractor step under § 255.05, so read that section on any public job. Also see Florida prompt payment and Florida prevailing wage.

Frequently asked questions

When is the Notice to Owner due in Florida?

Before you start or within 45 days after you start furnishing labor, services, or materials, and in any event before the owner makes final payment after the contractor's final affidavit (Fla. Stat. § 713.06(2)(a)). Laborers and lienors in privity with the owner do not need one.

How long do I have to record a claim of lien in Florida?

Within 90 days after your final furnishing of labor, services, or materials, in the clerk's office of the county where the property is located. Serve the owner before recording or within 15 days after (§ 713.08).

How long does a Florida construction lien last?

One year from recording unless you file suit to enforce it. If the owner records and the clerk serves a notice of contest of lien, you have 60 days from service to sue (§ 713.22).

Does Florida require specific lien waiver forms?

Section 713.20 provides progress payment and final payment waiver forms, and no one may require a lienor to sign a different form. Advance waivers are unenforceable. A nonconforming waiver you choose to sign is still enforceable by its terms.

Can I put a lien on a Florida public project?

No. Public projects are covered by the payment bond required under § 255.05, which protects persons who furnish labor, services, or materials. Small state contracts of $100,000 or less are exempt from the bond requirement.

Sources

  1. Florida Legislature: § 713.06, Liens of persons not in privity; proper payments
  2. Florida Legislature: § 713.08, Claim of lien
  3. Florida Legislature: § 713.20, Waiver or release of liens
  4. Florida Legislature: § 713.22, Duration of lien
  5. Florida Legislature: § 713.13, Notice of commencement
  6. Florida Legislature: § 713.03, Liens for professional services
  7. Florida Legislature: § 713.02, lienors and exempt improvements
  8. Florida Legislature: § 713.015, Mandatory provisions for direct contracts
  9. Florida Legislature: § 255.05, Bond of contractor constructing public buildings

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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