How to File, Enforce, or Remove a Florida Construction Lien (Chapter 713)

The construction boom in Florida is massive, but it frequently leads to payment disputes between property owners, general contractors, and subcontractors. Whether a homeowner refuses to pay for a kitchen remodel in Orlando, or a general contractor stiffs a roofing crew in Tampa, Florida's Construction Lien Law provides a powerful legal framework to resolve these financial conflicts.

Governed by Chapter 713 of the Florida Statutes, mechanics liens can force the sale of a property to satisfy an unpaid construction debt. However, the law requires absolute, strict compliance with deadlines. Missing a deadline by a single day will completely destroy your lien rights. Whether you need to file a lien to get paid or remove a fraudulent lien blocking the sale of your home, finding a specialized construction lawyer in our US Attorney Directory is critical. Here is a comprehensive guide to navigating Chapter 713.

Step-by-Step Guide to Florida Mechanics Liens

Florida courts are unforgiving when it comes to lien procedures. In landmark cases like Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (FL Supreme Court 1995), the state's highest court established that strict compliance with statutory notice requirements is mandatory. Here is how both sides of the dispute operate.

How Contractors and Subcontractors File a Lien

If you are a subcontractor or a material supplier who does not have a direct, signed contract with the property owner, you must take an initial preliminary step before you can ever file a lien. Under Fla. Stat. § 713.06, you must serve a statutory Notice to Owner in accordance with Fla. Stat. § 713.06(2)(c) within 45 days of providing your first labor or materials. This alerts the homeowner that you are working on their property and expect to be paid.

If you remain unpaid after finishing the job, you must formally record the lien. According to Fla. Stat. § 713.08, you must record a Claim of Lien adhering to the statutory format under Fla. Stat. § 713.08(3) at the local county clerk's office, such as the Hillsborough County Clerk of Court, Tampa or the Orange County Comptroller, Orlando, no later than 90 days from your final day of significant work. You must then serve a copy of this recorded lien on the property owner within 15 days.

How Homeowners File a Notice of Contest

If a homeowner believes a lien is invalid-perhaps because the contractor performed shoddy work or abandoned the job-they do not have to sit back and wait for a lawsuit. A recorded lien clouds the title, making it impossible to refinance or sell the home. To speed up the process, a homeowner can record a formal Notice of Contest of Lien under Fla. Stat. § 713.22(2).

Recording this document drastically shortens the contractor's timeline. Instead of having a full year to file a foreclosure lawsuit, the contractor is now forced to file suit against the homeowner within 60 days. If the contractor fails to sue within that 60-day window, the lien automatically expires and is wiped from the property records.

How Real Estate Investors Clear a Fraudulent Lien

Real estate investors flipping houses often encounter "nuisance liens" filed by disgruntled handymen trying to extort a quick settlement before a closing. Under Fla. Stat. § 713.31, filing a willfully exaggerated or completely baseless lien is considered filing a "fraudulent lien." Investors can file an emergency lawsuit at the Palm Beach County Circuit Court, West Palm Beach or their local courthouse to have a judge discharge the lien immediately. If the judge agrees the lien was fraudulent, the contractor must pay the investor's attorney fees and can face punitive damages.

How Much Does it Cost in Florida?

Managing construction liens involves both administrative recording fees and substantial legal costs if litigation is necessary.

• Recording Fees: Under Fla. Stat. § 28.24(12), recording a Claim of Lien or Notice of Contest of Lien with the county clerk costs $10 for the first page and $8.50 for each additional page. A Notice to Owner is served on the owner and general contractor via certified mail or courier under Fla. Stat. § 713.06(2)(a) and is not recorded with the clerk.
• Attorney Drafting Fees: Having a lawyer draft and properly serve a legally sound Claim of Lien typically costs between $250 and $500.
• Foreclosure Litigation: If you must sue to foreclose on the lien, attorney retainers generally start between $3,500 and $7,500, though the prevailing party is usually awarded attorney fees at the end of the case.

Strict Timelines You Must Know

Construction lien deadlines are strictly enforced, but under Fla. Stat. § 713.011, if the last day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the end of the next business day. Emergency closures of the clerk's office also toll the recording deadline by the number of days the office was closed.

• 45 Days: Deadline to serve the Notice to Owner from first day of work.
• 90 Days: Deadline to record the Claim of Lien from the final day of work.
• 15 Days: Deadline to serve the recorded lien on the owner.
• 1 Year: The standard statute of limitations to file a foreclosure lawsuit before the lien naturally expires.
• 60 Days: The shortened deadline to sue if the owner files a Notice of Contest.

Frequently Asked Questions (FAQ)