The Florida construction lien is the most powerful collection tool in the building business — and the easiest to lose. It turns an unpaid invoice into an encumbrance on the owner's title, which is why a perfected lien so often gets paid without a fight. But Chapter 713 is a deadline machine, and the contractor or supplier who misses a single date usually forfeits the lien entirely. This guide walks the whole sequence, for the people claiming liens and the owners defending against them.
Who Can Claim a Florida Construction Lien?
"Lienors" under Chapter 713 include contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and certain design professionals who improve real property under a direct or indirect contract. The catch: your rights and your required notices depend on where you sit in the contract chain — specifically, whether you have a direct contract ("privity") with the owner.
The Lien Timeline (Memorize These)
| Step | Deadline | Statute |
|---|---|---|
| Notice of Commencement (owner records) | Before/at start of work | § 713.13 |
| Notice to Owner (lienors not in privity) | 45 days from first furnishing | § 713.06 |
| Record claim of lien | 90 days from final furnishing | § 713.08 |
| Contractor's final payment affidavit (direct contractors) | ≥ 5 days before foreclosure suit | § 713.06(3)(d) |
| Foreclose the lien by lawsuit | 1 year from recording | § 713.22 |
Step 1 — Notice of Commencement (the owner's move)
Before construction begins, the owner records (and posts) a Notice of Commencement under § 713.13, identifying the property, the contractor, and the lender. It sets the priority date for liens on the project and tells lienors where to send notices. An improperly recorded or expired NOC can shift lien priorities — a detail that matters greatly to lenders and owners.
Step 2 — Notice to Owner (the 45-day trap)
This is where most lien rights die. Any lienor not in direct contract with the owner — typically subcontractors and material suppliers — must serve a Notice to Owner within 45 days of first furnishing labor or materials (§ 713.06). The NTO warns the owner that the lienor may claim a lien if not paid, so the owner can make sure that party gets paid out of the funds.
Step 3 — Record the Claim of Lien (90 days)
If you remain unpaid, record a Claim of Lien in the county's official records within 90 days of your last furnishing of labor, services, or materials (§ 713.08), and serve a copy on the owner. The 90 days runs from genuine final work — not from a later punch-list or warranty visit, a common and fatal miscalculation. The claim of lien must contain the statutorily required information to be valid.
Step 4 — Final Payment Affidavit (direct contractors)
A contractor in privity with the owner doesn't need an NTO, but must serve a Contractor's Final Payment Affidavit at least five days before filing a foreclosure suit (§ 713.06(3)(d)), listing all unpaid lienors. Skipping it is a defense to the foreclosure.
Step 5 — Enforce Within One Year
A recorded lien lasts one year. To keep it alive you must file a foreclosure lawsuit within one year of recording (§ 713.22). Two owner moves can shorten that clock dramatically:
- Notice of Contest of Lien — the owner records it, and the lienor then has just 60 days to sue or the lien is void.
- Summons to show cause (20-day) — forces the lienor to show why the lien shouldn't be discharged within 20 days.
Owner & GC Defenses
- Transfer the lien to a bond (§ 713.24) to clear the property's title for a sale or refinance while the dispute continues.
- Attack validity — missed NTO, late recording, wrong amount, work outside the lien's scope.
- Fraudulent or exaggerated lien (§ 713.31) — a willfully inflated lien can be unenforceable and expose the lienor to damages and fees.
- Lien waivers/releases (§ 713.20) — partial and final releases exchanged with payment, a key risk-management tool for owners and GCs.
- Unlicensed contractor (§ 489.128) — generally cannot enforce a lien or contract at all. See contractor disputes.
Practical Checklists
If you're owed money (contractor / sub / supplier)
- Serve the Notice to Owner within 45 days of first furnishing (if not in privity).
- Track your last real furnishing date — the 90-day lien clock runs from it.
- Record a complete, accurate claim of lien within 90 days; serve the owner.
- Direct contractors: prepare the final payment affidavit before suing.
- File the foreclosure suit within one year — sooner if contested.
If a lien hits your property (owner / GC)
- Confirm whether the lien is valid (NTO served? recorded on time? correct amount?).
- Decide your goal: clear title now (bond transfer) or force the issue (Notice of Contest).
- Check for fraud or exaggeration and licensing defects.
- Use lien waivers going forward to stop the next one.
Frequently Asked Questions
Related Reading
- Florida Contractor Disputes — non-payment, abandonment, and unlicensed contractors.
- Florida Construction Defect Claims — the Chapter 558 notice and right to cure.
Protect Your Lien — or Clear One — on Time
Truestead Law prepares Notices to Owner, records and enforces construction liens, defends and transfers liens for owners, and resolves payment disputes under Florida's Chapter 713. The deadlines are strict; the sooner we start, the more we can do.
Florida Construction Law Practice →This article is for general informational purposes and does not constitute legal advice. Construction-lien deadlines and requirements are strict and fact-specific; do not rely on general information in place of timely advice about your dates. Consult a licensed Florida attorney regarding your situation. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.