Construction Liens in Florida Real Estate—Homeowners’ Questions Answered

What is a construction lien, and why did one get filed against my home?

A construction lien is a legal claim recorded against your property by someone who says they were not paid for work, labor, or materials used to improve your home. In Florida, construction liens are governed by Chapter 713 of the Florida Statutes.

Even if you paid your contractor in full, a lien can still be filed if the contractor failed to pay a subcontractor or supplier. The lien attaches to your property, not just the person who owes the money.

What should I do immediately if a construction lien is filed on my home?

First, don’t panic—but don’t ignore it either. A construction lien triggers strict legal deadlines, and the steps you take early can significantly affect your options.

As a homeowner, your first move should be to confirm the lien details. Review the recorded lien to check:

• Who filed it
• The amount claimed
• The date it was recorded
• Whether it relates to work actually performed on your property

Next, gather your paperwork. This includes your contract, proof of payments, lien waivers, Notices to Owner, and any correspondence with your contractor. These documents are often critical in determining whether the lien is valid or overstated.

You should also avoid making rushed payments just to make the problem go away. Paying the wrong party or paying without proper releases can create additional problems, especially if multiple parties claim they are owed money.

If you are selling or refinancing, timing becomes especially important. Florida law provides tools—such as a Notice of Contest of Lien or bonding off the lien—that can help clear title or force the lienholder to act quickly, but they must be used correctly.

Finally, this is the point where legal guidance matters most. Many construction liens are defective, overstated, or unenforceable due to missed deadlines or technical errors. Identifying those issues early can save you time, money, and leverage.

Does a construction lien mean I did something wrong?

No. Construction liens are often the result of payment disputes between contractors and their subcontractors or suppliers, not misconduct by the homeowner.

Florida’s lien law is designed to protect people who improve property, but that protection sometimes puts homeowners in the middle of disputes they didn’t cause.

Can a lien be filed even if I already paid my contractor?

Yes—and this is one of the most frustrating parts of Florida’s lien law for homeowners.

If a contractor is paid but fails to pay others down the line, those unpaid parties may still have lien rights unless proper lien waivers were obtained. This is why lien issues often come as a surprise to homeowners.

What is a “Notice to Owner,” and should I be worried if I received one?

A Notice to Owner is not a lien. It’s a required notice that preserves lien rights for subcontractors and suppliers.

Receiving one means someone working on your project may file a lien later if they are not paid. It does not mean you owe them money or that a lien has been recorded—but it is a warning sign you should not ignore.

How long does someone have to file a construction lien against my home?

In Florida, a lien must generally be recorded within 90 days of the claimant’s last day of work or delivery of materials.

If that deadline is missed, the lien is invalid. Florida courts enforce lien deadlines strictly.

How will a construction lien affect selling or refinancing my home?

A recorded construction lien clouds title. That means:

• A sale may be delayed or stopped
• A refinance may be denied
• Title insurance may not be issued

Even a relatively small lien can halt a major transaction until it is resolved.

What options do I have if a lien has already been filed?

Homeowners typically have several options, depending on the situation:

• Pay the lien (sometimes under protest)
• Negotiate a settlement
• Bond off the lien to clear title
• Challenge the lien if it is invalid or overstated

The right approach depends on timing, the amount involved, and whether a sale or refinance is pending.

Can I force the lienholder to act or remove the lien?

Yes. Florida law gives homeowners tools to shorten how long a lien can remain on the property.

By recording a Notice of Contest of Lien, the homeowner can reduce the lienholder’s deadline to file a lawsuit to 60 days. If the lienholder fails to act, the lien becomes unenforceable.

There are also court procedures that can require the lienholder to justify the lien quickly or lose it.

What is “bonding off” a lien, and when does it make sense?

Bonding off a lien transfers the lien from your property to a bond. This allows a sale or refinance to proceed while the dispute continues separately.

This option is often used when time is critical, but it involves additional costs and must be handled correctly under Florida law.

Can a construction lien be invalid or unenforceable?

Yes. Many liens are defective. Common problems include:

• Missed notice deadlines
• Incorrect lien amounts
• Improper descriptions of the property
• Failure to file suit on time

A lien that does not strictly comply with Florida’s lien statutes can often be challenged and removed.

How can I avoid construction liens in the future?

Prevention is key. Homeowners can reduce lien risk by:

• Recording a Notice of Commencement before work begins
• Collecting proper lien waivers with each payment
• Tracking Notices to Owner
• Avoiding large final payments without confirmation that subcontractors and suppliers have been paid

These steps won’t eliminate all risk, but they significantly reduce it.

When should I talk to a lawyer about a construction lien?

You should seek legal guidance if:

• A lien has already been recorded
• You are trying to sell or refinance
• The lien amount seems inflated or incorrect
• Deadlines are approaching
• The contractor or lienholder is unresponsive

Construction lien issues are deadline-driven. Waiting too long can limit your options.

A Construction Lien on Your Home? Don’t Let It Derail Your Sale or Refinance.

Construction liens can delay closings, cloud title, and put homeowners under intense time pressure—but Florida law gives you options. Whether a lien is valid, overstated, or defective depends on strict rules and deadlines. Contact DuFault Law now to understand your rights and take the right steps before a lien costs you time, money, or leverage.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation