What You Don’t Know About Mechanic’s Liens Could Cost You Your Home

If you’re a Florida homeowner planning to build, renovate, or make home improvements, understanding mechanic’s liens (legally referred to as construction liens in Florida) is essential. These liens can pose a serious threat to your property—even if you’ve already paid your general contractor in full.

At DuFault Law, we regularly assist homeowners across Florida in avoiding and resolving mechanic’s lien issues. Whether you’re upgrading a kitchen, installing a new roof, or building an addition, here’s what every Florida homeowner should know.

What Is a Mechanic’s Lien?

A mechanic’s lien is a legal claim made by a contractor, subcontractor, or materials supplier who has not received payment for work performed or materials furnished for a construction project. This claim attaches directly to your property’s title—creating a “cloud on title” that can disrupt:

• Selling your home
• Refinancing your mortgage
• Obtaining or renewing title insurance

What makes mechanic’s liens especially challenging in Florida is that even if you paid your general contractor in full, your property could still be encumbered by a lien if someone further down the payment chain—such as a subcontractor or material supplier—hasn’t been paid.

How a Mechanic’s Lien Affects You

The reality is harsh: you could end up paying twice. Here’s how it happens:

• You hire a licensed general contractor.
• The contractor hires a roofer or electrician.
• You pay the contractor in full.
• The contractor fails to pay the subcontractor.
• The subcontractor files a lien against your home.

Suddenly, your clear title is now in question, and you may need to resolve the lien—even though the issue was entirely between the contractor and their subcontractor. This underscores the importance of proactive steps and legal protections from the start.

What Florida Homeowners Need to Know

Here are the key steps homeowners should take before, during, and after a construction project to minimize risk:

File a Notice of Commencement

A Notice of Commencement (NOC) is required for projects valued over $2,500 (including most home renovations).

• Must be filed with the county clerk before work begins.
• A copy must be posted at the job site in a visible location.
• It contains information such as the owner, contractor, lender, and legal description of the property.

This document alerts subcontractors and suppliers that work is being performed and enables them to protect their lien rights appropriately. Failure to file an NOC can limit your legal protections and make it easier for lien claims to be filed without your knowledge.

Look for a Notice to Owner (NTO)

Subcontractors and suppliers who are not in direct contract with you must serve a Notice to Owner (NTO) within 45 days of beginning work or supplying materials.

• If you receive an NTO, do not ignore it.
• Confirm with your general contractor who the sender is and whether they’ve been paid.
• Document all communications for your records.

Receiving an NTO doesn’t mean a lien has been filed—it’s simply a formal notification that the sender may file a lien in the future if unpaid.

Request Lien Waivers

As you make payments to your contractor, always request partial lien waivers from contractors and subcontractors for the portion of work covered by each payment. Upon final payment, require:

• A final lien waiver
• A Contractor’s Final Affidavit, confirming that all subs and suppliers have been paid

These documents are your strongest defense against lien claims. Without them, it may be difficult to dispute a lien—even an invalid one.

Watch the Deadlines

Mechanic’s liens are time-sensitive. Timely action can make the difference between a costly delay and a quick resolution. Here’s what you need to know:

• Filed within 90 days of the last day work was performed or materials were delivered.
• Foreclosed within one year, unless you file a Notice of Contest, which shortens the deadline to 60 days.

What to Do If a Lien Is Filed on Your Home

If a mechanic’s lien has been recorded against your property:

Don’t panic—but don’t delay. Start by speaking with a construction law attorney to determine:

• Whether the lien is valid
• If it meets all legal requirements and deadlines
• Whether the amount claimed is accurate and enforceable

Depending on your situation, you may be able to:

• Negotiate a release or payment plan
• Bond off the lien, which removes it from your property while the dispute is resolved
• Challenge the lien in court, especially if it is legally defective or overstated

Ignoring a lien can jeopardize a home sale or refinancing opportunity and may result in a court-ordered foreclosure.

How DuFault Law Helps Florida Homeowners

At DuFault Law, our Naples-based legal team serves homeowners across Florida with a wide range of real estate and construction law services, including:

• Pre-construction lien prevention
• Reviewing contractor agreements
• Filing and responding to Notices of Commencement and NTOs
• Bonding off liens to clear title
• Resolving disputes through negotiation or litigation

Our goal is to protect your home, your investment, and your peace of mind—before, during, and after your project.

Key Takeaways for Florida Homeowners

• Mechanic’s liens are a real risk, even if you’ve paid your contractor in full.
• Be proactive: file the right documents, track who’s working on your home, and demand lien waivers.
• If a lien is filed, you have legal options—but time is critical.
• Don’t go it alone. Partner with a construction law attorney to protect your property and resolve issues efficiently.

Don’t Let a Lien Threaten Your Home—Take Action Now

If you’re staring down a mechanic’s lien—or even just feeling unsure about your contractor’s paperwork—now is the time to act. These issues don’t fix themselves, and waiting could cost you time, money, or even the ability to sell or refinance your home.

At DuFault Law, we don’t just know the law—we use it to protect homeowners like you. Whether you need a lien removed, want to prevent one in the first place, or just need someone to review your renovation paperwork, we’re ready to step in and fight for your property.

📞 Call us today at (239) 422-6400
📧 Email: contact@dufaultlaw.com

Let’s make sure your biggest investment stays fully protected. Your home deserves it—and so do you.