A Practical Guide to Leveraging Florida’s Lien Laws and Securing What You’re Owed

In Florida’s fast-paced construction industry, getting paid isn’t just a goal—it’s a necessity for staying in business. From general contractors managing entire builds to subcontractors, suppliers, and laborers, every player in a project depends on timely, full payment to meet payroll, purchase materials, and maintain operations.

When payments are delayed—or worse, never come through—a mechanic’s lien can be your most effective legal remedy.

At DuFault Law, we work with construction professionals throughout Florida to help them understand, assert, and enforce their lien rights. Here’s a step-by-step guide to using Florida’s mechanic’s lien laws to protect your business and secure payment.

What Is a Mechanic’s Lien in Florida?

A mechanic’s lien (also known as a construction lien) is a legal claim against a property that has been improved through labor, services, or materials. It gives unpaid contractors, subcontractors, and suppliers a way to pursue compensation—even if they weren’t directly hired by the property owner.

In essence, the lien creates a cloud on the property’s title, which:

• Makes it difficult for the owner to sell or refinance the property
• Pressures them to resolve outstanding payment issues
• Allows lienholders to pursue foreclosure to satisfy the debt

Properly used, a mechanic’s lien is a powerful leverage tool—but it only works if you follow the rules.

Who Has Lien Rights in Florida?

Florida’s lien law—governed by Chapter 713 of the Florida Statutes—grants lien rights to a wide range of construction professionals and service providers, including:

• General contractors with direct contracts with the property owner
• Subcontractors working under general contractors
• Material suppliers, even if they never stepped on-site
• Equipment rental companies
• Manual laborers and workers
• Licensed architects, engineers, and surveyors, when their services relate to physical improvements

Important: Even if you didn’t contract directly with the property owner, you may still be entitled to lien rights if you follow the necessary notice and filing procedures.

How to Secure Your Lien Rights

Florida imposes strict rules and deadlines. Missing one step—or miscalculating a deadline—can invalidate your claim and cost you thousands. Here’s how to do it right:

1. Serve a Notice to Owner (NTO)

• Required for anyone not in direct contract with the property owner
• Must be served within 45 days of first providing labor, services, or materials
• Must be served via certified mail, and proof of delivery should be retained
• Clearly identify the project, your company, the type of work/materials, and the hiring party

2. Record a Claim of Lien

• Must be recorded within 90 days of the last day you provided work or materials
• File with the Clerk of Court in the county where the property is located
• The lien must include:
  • Legal description of the property
  • Owner’s name and address
  • Your name and address
  • Work or materials provided
  • Amount due
  • First and last date of work or delivery
• Must be notarized and formatted per statute

3. Serve a Copy of the Lien

• Must be served on the property owner within 15 days after recording the lien
• Best practice: serve it simultaneously with recording
• Keep proof of service (e.g., certified mail receipt)

4. Enforce the Lien in Court

• You have one year from the date of recording to file a foreclosure lawsuit
• If the property owner files a Notice of Contest, the deadline shrinks to 60 days
• Failure to file suit on time means your lien expires and becomes unenforceable

Common Mistakes to Avoid

Mistakes in the lien process can be costly and irreversible. Here are the errors we see most often:

• Missing the 45-day NTO deadline (especially on smaller or fast-moving jobs)
• Waiting too long to record the lien (don’t rely on verbal promises of payment)
• Failing to serve the lien on the owner
• Inaccurate or exaggerated lien amounts, which can result in court sanctions or dismissal
• Not filing a foreclosure lawsuit on time

Even technical errors—like omitting statutory language or incorrect property descriptions—can invalidate your lien.

How DuFault Law Helps Contractors Get Paid

At DuFault Law, we partner with Florida construction professionals to take the guesswork out of lien enforcement. We help with:

• Preparing and serving Notices to Owner
• Recording accurate Claims of Lien that meet all legal requirements
• Defending valid liens against owner challenges
• Filing and prosecuting lien foreclosure lawsuits
• Negotiating settlements to resolve payment disputes
• Clearing up disputes that involve defective or retaliatory liens

Our team combines deep knowledge of construction law with practical litigation experience—so we know how to get results in and out of court.

Key Takeaways for Florida Contractors

• Mechanic’s liens are one of the most effective tools you have to get paid—but only if used correctly.
• Strict deadlines apply—track your first day on the job, your last day of work, and delivery dates.
• Always serve a Notice to Owner on time unless you have a direct contract with the property owner.
• Don’t exaggerate amounts—file only for what you’re legitimately owed.
• Work with a construction law firm to ensure compliance, reduce risk, and maximize your leverage.

Don’t Let Unpaid Work Become a Total Loss—Take Action Today.

If you’re still waiting on a check or facing lien deadline pressure, now is the time to protect your rights. One missed step could cost you thousands—don’t go it alone. At DuFault Law, we help Florida contractors file liens correctly, enforce them aggressively, and get the money you’ve earned. Your next payment might depend on what you do today.

📞 Call us now at (239) 422-6400 or
📧 Email contact@dufaultlaw.com to schedule a consultation.