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Florida Lien Law Guide

Florida construction lien law is governed by Florida Statute Chapter 713 (the Construction Lien Law). Florida has one of the most notice-intensive lien systems in the country -- the entire framework revolves around a series of notices that must be served in the correct order, to the correct parties, within strict deadlines. The centerpiece is the Notice to Owner (NTO), which subcontractors and suppliers must serve within 45 days of first furnishing labor or materials.

The Golden Rule in Florida

If you are a subcontractor or supplier in Florida and you do not serve a Notice to Owner within 45 days of first furnishing, you lose your lien rights. There are no extensions, no exceptions, and no excuses. Send the NTO on every project, every time.

Key Deadlines​

ActionDeadlineWho
Notice of CommencementBefore work begins (valid for 1 year unless extended)Owner files; contractor should verify
Notice to Owner (NTO)Within 45 days of first furnishing labor or materialsSubcontractors, sub-subs, and suppliers
Claim of LienWithin 90 days of last furnishing labor or materialsAll lien claimants
Contractor's Final AffidavitBefore final payment from owner to GCGeneral contractor
Notice of Contest of LienAny time after lien is recordedOwner (shortens foreclosure deadline)
Foreclosure lawsuitWithin 1 year of recording the Claim of LienLien claimant
Shortened foreclosure (if contested)Within 60 days of service of Notice of ContestLien claimant
The 60-Day Trap

If the owner serves a Notice of Contest of Lien, your 1-year foreclosure deadline shrinks to just 60 days. Miss it and your lien is automatically extinguished by operation of law. Monitor your mail carefully after recording a lien.

Notice to Owner (NTO)​

The Notice to Owner is the single most important document for subcontractors and suppliers in Florida. Without it, you have no lien rights, regardless of how much money you are owed.

Who Must Serve an NTO?​

PartyNTO Required?
General contractor (direct contract with owner)No -- has a direct contractual relationship
SubcontractorYes
Sub-subcontractorYes
Material supplierYes
Equipment lessorYes
Laborer employed by subYes

NTO Requirements​

The Notice to Owner must include:

  • The name and address of the person serving the notice
  • A description of the labor, services, or materials furnished (or to be furnished)
  • The name of the person who contracted with the lienor
  • A description of the property (enough to identify it)
  • A copy of the Notice of Commencement (if available)

How to Serve the NTO​

  • Serve on: The owner, the GC, and the surety (if a payment bond exists)
  • Service method: Certified mail (return receipt requested), personal delivery, or statutory methods under Section 713.18
  • Proof: Keep your certified mail receipt and the green return receipt card. You will need proof of service if you ever have to enforce your lien.
Serve Early, Serve Always

Best practice is to serve your NTO within the first week of starting work on any Florida project. Do not wait until you sense a payment problem -- by then, the 45-day window may have closed. Make NTO service a standard part of your project startup procedure.

Notice of Commencement​

The Notice of Commencement is filed by the property owner before construction begins. It is recorded in the county where the property is located and provides essential information about the project.

Why It Matters to Contractors​

  • The Notice of Commencement identifies the owner, GC, surety, and lender
  • It sets the framework for all subsequent notices
  • Florida law requires that a certified copy of the Notice of Commencement be posted at the jobsite (Section 713.13)
  • If no Notice of Commencement is filed, the owner cannot make payments to the GC without risking double liability to lien claimants

What Contractors Should Do​

  1. Verify the Notice of Commencement exists before starting work
  2. Get a copy from the county recorder or the GC
  3. Check it for accuracy -- wrong owner name, wrong legal description, or expired notice can create problems later
  4. Note the expiration -- a Notice of Commencement is valid for 1 year. On long projects, ensure it is extended or a new one is filed.
Expired Notice of Commencement

If the Notice of Commencement expires before the project is complete, the owner may be exposed to double payment liability and your lien enforcement becomes more complicated. If you are on a project approaching the 1-year mark, notify the owner that the Notice of Commencement needs to be renewed.

Contractor's Final Affidavit​

Before the owner makes final payment to the GC, the GC must provide a Contractor's Final Affidavit under Section 713.06. This affidavit states that:

  • All lienors under the GC's direct contract have been paid in full (or lists unpaid amounts)
  • There are no known claims or liens outstanding (or lists them)

Why This Matters​

  • The owner is not required to make final payment until they receive the Contractor's Final Affidavit
  • If the GC provides a false affidavit (claiming everyone is paid when they are not), the GC faces criminal penalties under Florida law
  • Subcontractors should be aware that the GC must disclose unpaid amounts -- if you are owed money, the Contractor's Final Affidavit is a checkpoint that can protect you

Claim of Lien​

To perfect your lien, you must record a Claim of Lien in the county where the property is located.

Filing Requirements​

RequirementDetail
DeadlineWithin 90 days of your last day of furnishing labor or materials
Filed withClerk of Court in the county where the property is located
ContentsName/address of lienor, description of property, amount owed, dates of furnishing, name of owner
Must serve on ownerWithin 15 days of recording, serve a copy on the owner
Recording feeVaries by county (typically $10 for first page, $8.50 per additional page)
"Last Furnishing" Is Critical

The 90-day clock starts from your last day of furnishing labor or materials. Do not count punch list work or warranty callbacks as "furnishing" -- Florida courts have rejected attempts to extend the deadline through trivial return visits. Your last substantial day of work is the trigger date.

Prompt Payment​

Florida's prompt payment requirements are found in Florida Statute Section 715.12 (private works) and Section 218.70 (the Local Government Prompt Payment Act).

Private Works​

RequirementRule
Owner to GCPay within 30 days of receiving a proper pay application (or per contract terms, whichever is less)
GC to subPay within 30 days of receiving payment from the owner
Sub to sub-subPay within 30 days of receiving payment from the GC
Penalty for late payment1% per month interest on overdue amounts
Attorney's feesPrevailing party in a prompt payment dispute may recover fees

Public Works (Local Government Prompt Payment Act)​

RequirementRule
Local government to GCPay within 25 business days of approval for payment (or 15 business days if no local dispute resolution process)
GC to subPay within 10 days of receiving payment from the government entity
Penalty for late payment1% per month (or 2% per month for local government payments over 30 days late)
Improper rejectionIf a pay application is improperly rejected, interest runs from the original due date
Track Your Payment Dates

On every Florida project, log the date you submit each invoice and the date you receive payment. If payment is late, send a formal demand citing Florida Statute 715.12. The 1% monthly penalty and attorney's fee provisions give you real leverage.

Common Mistakes​

1. Missing the 45-Day NTO Deadline​

The problem: You started work on March 1 and did not send the Notice to Owner until May 15 -- more than 45 days later. Your lien rights are gone for all work before the 45 days preceding your late NTO.

The fix: Send the NTO within the first week of every project. Set up a system so it happens automatically as part of your project startup process.

2. Not Verifying the Notice of Commencement​

The problem: You relied on the GC for owner and property information, but the GC gave you the wrong owner name. Your NTO was served on the wrong party.

The fix: Pull the Notice of Commencement from county records yourself. Verify the legal description, owner name, and GC information independently.

3. Counting Punch List Work as "Last Furnishing"​

The problem: Your last substantial work was in June, but you returned for a minor punch list item in September. You assumed the 90-day lien clock restarted in September. It did not.

The fix: File your Claim of Lien based on your last date of substantial work, not trivial returns. If you are approaching the 90-day deadline and are still owed money, file the lien rather than risk losing it.

4. Ignoring a Notice of Contest of Lien​

The problem: The owner served a Notice of Contest of Lien, shortening your foreclosure deadline from 1 year to 60 days. You did not realize it and missed the window.

The fix: Check your mail regularly and instruct your office to flag any legal-looking correspondence related to active lien claims. Calendar the 60-day deadline immediately upon receipt.

5. Filing the Claim of Lien Without Serving it on the Owner​

The problem: You recorded the Claim of Lien with the county clerk but forgot to serve a copy on the owner within 15 days.

The fix: Serve the owner by certified mail on the same day you record the lien. Keep proof of service in your project file.

6. Not Including All Required Information in the NTO​

The problem: Your NTO did not include a description of the labor or materials furnished, and the owner challenges its validity.

The fix: Use a standardized NTO template that includes all elements required by Section 713.06. Review it before sending to ensure every field is complete.

This guide is for educational purposes only. Florida lien law is technical and strictly enforced. Consult a Florida construction attorney for advice on your particular situation.

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