Florida Mechanics Lien
File a Florida construction lien to secure payment. Learn the 90-day recording deadline, the 45-day Notice to Owner, and the one-year enforcement window.
Introduction
A Florida mechanics lien, called a construction lien, is a legal claim recorded against real property by a contractor, subcontractor, or material supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale to collect the debt. That security is what gives the lien its leverage, and Chapter 713 of the Florida Statutes protects the right to it. The lien only works if you perfect it on time. A subcontractor or supplier who is not in privity with the owner must serve a Notice to Owner before commencing or within 45 days of first furnishing. Every claimant must then record the claim of lien within 90 days after final furnishing labor, services, or materials, and file suit to enforce it within one year after recording. DocDraft prepares a Florida construction lien and its notices from your project details, and attorney review is available before you record.
Key Things to Know
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A Florida construction lien secures payment against the improved property. Contractors, subcontractors, sub-subcontractors, material suppliers, and laborers who furnished work under Chapter 713 and were not paid can claim one, though privity with the owner changes the notice steps required.
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A lienor not in privity with the owner must serve a Notice to Owner. Under Fla. Stat. 713.06(2)(a) it is due before commencing, or not later than 45 days after first furnishing labor, services, or materials. A contractor in privity with the owner is exempt.
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The recording deadline is 90 days after final furnishing. Fla. Stat. 713.08(5) requires every claimant, contractor or subcontractor alike, to record the claim of lien not later than 90 days after last furnishing labor, services, or materials to the property.
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You must sue to enforce within one year of recording. Fla. Stat. 713.22(1) provides that the lien does not continue longer than one year after the claim of lien is recorded unless an action to enforce it is commenced within that time.
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Florida reads the lien statutes strictly. Missing the Notice to Owner, the 90-day recording window, or the one-year suit deadline generally forfeits the lien, though a separate contract claim for the unpaid debt may still survive.
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The claim of lien must follow the statutory form. Fla. Stat. 713.08(3) prescribes the contents, including the lienor's name, the labor or materials furnished, a property description, the amount owed, and the dates of first and final furnishing.
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Residential work carries an extra step. Under Fla. Stat. 713.015, a contractor's direct written contract to improve property that is or will be the owner's residence must include a prescribed statutory lien-law disclosure warning the owner.
Key decisions before you file
Before you file a Mechanics Lien in Florida, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Florida Requirements for Mechanics Lien
File the Florida mechanics lien in the correct office, a county recorder or court as Florida requires, within the state's deadline after you last furnish labor or materials. Florida applies the deadline strictly, so filing late or in the wrong office can void the lien.
Frequently Asked Questions
In Florida, a mechanics lien is called a construction lien. It is a claim that a contractor, subcontractor, or supplier records against property they improved but were not paid for. Governed by Chapter 713 of the Florida Statutes, it attaches to the real estate, clouds the title, and can be foreclosed through a court-ordered sale.
Contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and certain design professionals who furnished work to improve the property and were not paid can file. A lienor who did not contract directly with the owner, such as a subcontractor, must first serve a Notice to Owner. A contractor in privity with the owner does not.
You must record the claim of lien not later than 90 days after you last furnish labor, services, or materials. Fla. Stat. 713.08(5) sets this deadline, and it applies the same way to a general contractor and a subcontractor. The lien is recorded in the official records of the county where the property sits.
A lienor not in privity with the owner must serve a Notice to Owner before beginning work, or no later than 45 days after first furnishing, under Fla. Stat. 713.06(2)(a). This covers subcontractors, sub-subcontractors, and suppliers. A contractor who contracts directly with the owner is exempt from serving it.
A Florida construction lien lasts one year from the date it is recorded. Under Fla. Stat. 713.22(1) you must commence an action to enforce the lien within that year or it expires. An owner can shorten the window by recording a notice of contest, which cuts the time to file suit to 60 days.
Missing the Notice to Owner, the 90-day recording deadline, or the one-year enforcement window generally means the lien is lost, because Florida applies Chapter 713 strictly. You may still sue the party who hired you for breach of contract to recover the unpaid amount, but you lose the security a lien places on the property.
Before a contractor in privity with the owner sues to foreclose, Fla. Stat. 713.06(3)(d)1 requires serving the owner a Contractor's Final Payment Affidavit at least five days before filing the action. It states whether all subcontractors and suppliers have been paid. It is a prerequisite to enforcing the lien, not a condition of recording it.
When the debt is paid, the claimant should record a satisfaction of lien to clear the title. A lien also expires if no enforcement action is filed within one year. An owner who believes a lien is invalid can record a notice of contest or transfer the lien to a security bond under Fla. Stat. 713.24.