FILE YOUR FLORIDA CONSTRUCTION LIEN BEFORE THE CLOCK RUNS OUT.
You did the work. You haven't been paid. In Florida, a construction lien is one of the strongest collection tools you have, but it runs on a 90-day deadline that does not wait. We file, enforce, and foreclose Chapter 713 liens for contractors, subcontractors, and material suppliers statewide.
Florida Lien Deadlines
Don't Forgive Mistakes.
Florida's construction lien law runs on hard statutory deadlines. Miss one and your lien rights are gone. Not reduced. Gone. The contractor's attorney on the other side knows every date. The question is whether you do.
Serve Your NTO First
If you don't have a direct contract with the owner, your lien rights usually depend on serving a Notice to Owner within 45 days of first furnishing labor or materials. Miss it and the lien may never attach.
The Hard Deadline
Your Claim of Lien must be recorded within 90 days of your last furnishing of labor or materials. One day late, wrong county, or wrong date, and your strongest collection tool disappears.
Use It or Lose It
A recorded lien isn't self-enforcing. You generally have one year to file suit to foreclose, and an owner can shorten that window dramatically with a Notice of Contest. After that, the lien is unenforceable.
Deadlines this strict are why the earliest call is the one that matters most.
Talk to an AttorneyWho Can File a Construction
Lien in Florida?
Florida's Chapter 713 protects the people who improve the property, if they follow the rules. If you furnished labor, services, or materials and weren't paid, you likely have lien rights. Where you sit in the contracting chain changes what you have to do to protect them.
General Contractors
If you contract directly with the owner, you're in privity, and your path to a valid lien is the most direct. But the paperwork still has to be perfect and the dates still have to be right.- Record Claim of Lien within 90 days of last work
- Contractor's Final Affidavit before foreclosure
- Lien covers work actually furnished, not damages
Subcontractors & Trades
Roofing, HVAC, electrical, plumbing, framing, drywall, and every other trade. Because you don't contract with the owner directly, your lien rights usually hinge on serving a timely Notice to Owner.- Serve NTO within 45 days of first furnishing
- Record the lien within the 90-day window
- Back-charge and offset disputes handled
Materialmen & Suppliers
If you delivered materials to the job and weren't paid, you may hold a materialman's lien, even though you never set foot on a ladder. Supplier liens have their own traps around delivery and NTO.- Materialman's Notice to Owner served on time
- Proof of delivery to the specific project
- Credit application and lien filing aligned
One critical exception: an unlicensed contractor generally cannot enforce a construction lien in Florida, and may not be able to collect at all. If a licensing question is hanging over your claim, that needs to be sorted out before anything is recorded. Talk to an attorney first.
What a Florida
Construction Lien
Actually Is.
A construction lien, Florida's version of what other states call a mechanic's lien, is a legal claim recorded against the improved property when you haven't been paid for the labor, services, or materials you put into it. It clouds the owner's title, which means they can't cleanly sell, refinance, or close until it's resolved. That pressure is exactly what turns a stalled payment into a paid invoice.
It is created and governed entirely by Chapter 713 of the Florida Statutes. Chapter 713 is unforgiving by design: it gives you a powerful remedy, but only if every notice, date, and document is correct. There is no "close enough."
"A construction lien is leverage, but only while it's valid. A defective one is worse than none at all."
Mechanic's Lien vs. Construction Lien
In Florida the correct term is "construction lien." Florida renamed its statute the Construction Lien Law in 1990, so "mechanic's lien" is the old name here and the current name in many other states. Same idea, but Florida's procedure is its own animal under Chapter 713. If you've been searching "Florida mechanics lien," you're in the right place.
Claim of Lien
The actual recorded document that creates your lien. It has statutory content requirements under §713.08. Get any of them wrong and the lien can be discharged.
Notice to Owner (NTO)
The early warning notice that preserves lien rights for anyone not in direct contract with the owner. The 45-day clock makes this the step subs and suppliers miss most. See our Notice to Owner guide.
Lien Foreclosure
Recording the lien is leverage; foreclosure is enforcement. If the owner still won't pay, we sue to foreclose the lien and force the issue in court.
The Anatomy of a Claim of Lien
and the Six Lines That Kill It.
Below is what a Florida Claim of Lien looks like. We're showing it, not handing out a fill-in-the-blank form, for a reason: the fields that look simplest are the ones that get liens discharged, and a defective or inflated lien can expose the filer to the owner's attorney's fees and damages under §713.31. This is illustrative only, not legal advice.
The Wrong Lienor Can Sink It
Name the lienor as the entity that actually contracted for and furnished the work. A DBA variation usually survives; naming a sister company or an individual instead of the LLC may not.
Describe the Property Correctly
Chapter 713 requires a description sufficient to identify the property. Use the full legal description; a street address alone invites a fight over whether the owner was prejudiced.
Inflating the Amount Is Dangerous
Willfully padding a lien, or including non-lienable items like delay damages or lost profit, can make it fraudulent under §713.31, discharging it and exposing you to fees and damages.
The Date Most People Get Wrong
Warranty or punch-list work usually doesn't restart the clock. Pick the wrong "last furnishing" date and you blow the 90 days.
Naming the Wrong Party
The owner of record and the person who made the contract both have to be right, and they aren't always the same party.
Notarized, Served & Recorded
It must be sworn, recorded in the correct county within 90 days, and served on the owner within 15 days of recording. Any gap in that chain is an opening for discharge.
Six places to get it wrong, and a 90-day window that doesn't. Have us prepare and record it right the first time. Get your lien filed →
How to File a Construction
Lien in Florida.
Plenty of contractors serve their own Notices to Owner and some record their own liens. On a straightforward residential job that can work. The process below is where things go sideways, and where a call before you file is cheaper than a call after.
Preserve Rights Early: Notice to Owner
If you're a sub or supplier, we serve a Notice to Owner within 45 days of first furnishing. This is the step that's already too late for many contractors by the time they call, so the sooner we're involved, the stronger your position. If the project is bonded, the notice goes to the contractor and surety instead, on a different clock.
Confirm the Amount & the Last Furnishing Date
We separate lienable from non-lienable amounts and pin down the correct last-furnishing date, the single fact that defines your 90-day deadline.
Prepare & Record the Claim of Lien
We draft the Claim of Lien to §713.08, get it sworn and notarized, serve it on the owner, and record it in the correct county, within the 90 days, the first time.
Demand, Negotiate, and Foreclose if Needed
A recorded lien is leverage. Most disputes resolve once it's filed and a demand goes out. If the owner still won't pay, we file suit to foreclose. You normally have one year, but an owner's Notice of Contest cuts that to 60 days and an order to show cause cuts it to 20. Miss either and the lien is gone.
Call before you file if:
- The owner is a trust, LLC, estate, or anyone other than the person you dealt with
- It's a commercial project, or the tenant (not the owner) hired you
- It's a public project. There is no lien on public property; your remedy is a bond claim with its own notice deadlines
- There's a payment bond on a private job
- It's a condominium or multi-unit project
- Your license, or your sub's license, is in question
- The owner has already served a Notice of Contest or filed suit
Not a
Generalist.
We Live in
Chapter 713.
Florida construction law. Nothing else. We file and foreclose liens for contractors, subs, and suppliers every week, and we defend property owners against them too. That means when we prepare your lien, we already know every argument the other side will use to attack it.
This firm was founded by someone who worked construction and ran construction companies before practicing law. We speak the language of the job site. From our office in Ocala we represent clients in all 67 Florida counties.
Meet the Team →Read Before You File.
How to File a Construction Lien in Florida: Step-by-Step
The full process, every deadline, and the documents that have to be right.
Read More → Lien LawFlorida Notice to Owner (NTO): The Complete 2026 Guide
Who must file, the 45-day deadline, and the mistakes that wipe out lien rights.
Read More → Lien LawWhat to Do If You Receive a Notice of Contest of Lien
How a Notice of Contest cuts your time to file suit down to 60 days, and what has to happen next.
Read More →Florida Construction Lien FAQ
Generally 90 days from your last furnishing of labor, services, or materials to the project. The Claim of Lien must be recorded in the county where the property sits within that window. Subcontractors and suppliers usually also have to serve a Notice to Owner within 45 days of first furnishing to preserve the right in the first place. Because the "last furnishing" date is easy to get wrong, the safest move is a quick call before the date is in question.
Contractors, subcontractors, sub-subcontractors, laborers, design professionals, and material suppliers who improved the property and weren't paid generally have lien rights under Chapter 713. Where you sit in the chain changes the steps. Direct contractors are in privity with the owner, while subs and suppliers usually depend on a timely Notice to Owner. We'll confirm your rights before anything is recorded.
If you don't have a direct contract with the owner, which is true for most subs and suppliers, then yes, a Notice to Owner served within 45 days of first furnishing is typically required to preserve your lien rights. General contractors in privity with the owner usually don't serve one. Our Notice to Owner page breaks down exactly who has to serve it.
A recorded lien is generally enforceable for one year, during which you must file suit to foreclose or the lien expires. An owner can shorten that dramatically by serving a Notice of Contest, which cuts the time to file suit down to 60 days. Recording the lien is only step one. It has to be enforced.
Generally no. Florida law bars an unlicensed contractor from enforcing a construction lien, and unlicensed work can be unenforceable altogether, meaning you may not be able to collect at all. If there's any question about licensing for the work performed, that has to be addressed before a lien is recorded. This is exactly the kind of issue to raise with an attorney first.
They're the same concept. "Mechanic's lien" is the term used in most states; Florida calls it a "construction lien" and governs it under Chapter 713. If you've been searching "Florida mechanics lien," you're looking for a Florida construction lien, and the procedure here is specific to this state.
It depends on the mistake, but a defective lien can be discharged, and an inflated or fraudulent lien can expose you to the owner's attorney's fees and damages under §713.31. That's why we don't recommend DIY forms: the cost of getting it wrong is usually far higher than getting it done right. If you've already recorded one you're unsure about, call us before the owner's attorney does.
Don't Wait on the 90-Day Clock.
Tell us about your project and where payment stands. The earlier an attorney is involved, the more options you have.
Send your name, your number, and a few details about the project. We'll follow up to talk through your options.
P.O. Box 536
Ocala, FL 34478
You call or text and you talk to an attorney, not a paralegal, not an intake queue. Submitting a message does not create an attorney-client relationship.
The information on this website is for general informational purposes only and does not constitute legal advice. Visiting this site or submitting a contact form does not create an attorney-client relationship. The attorneys of Martin Law, PLLC are licensed to practice law in the State of Florida. Each legal matter is unique, and prior results do not guarantee a similar outcome.