Florida Construction Law Tips

By Bruce Kaleita

Understanding Florida's Construction Lien Law

Florida's construction lien law is governed by Chapter 713, Florida Statutes. This law provides protection for contractors, subcontractors, laborers, and material suppliers who furnish labor, services, or materials for the improvement of real property. Understanding these laws is essential to protecting your payment rights on Florida construction projects.

Notice of Intent to Lien

Before filing a mechanic's lien in Florida, you must serve a Notice of Intent to Lien on the property owner at least 30 days before recording the lien. This notice must be sent by certified mail and must include specific information about the claim, including the amount owed and a description of the labor, services, or materials furnished.

Time Limits for Filing a Lien

In Florida, a claim of lien must be recorded within 90 days after the final furnishing of labor, services, or materials to the project. The lien relates back to the date when the claimant first furnished labor, services, or materials to the project. Missing this deadline will result in the loss of your lien rights.

Preliminary Notice Requirements

Florida does not require a preliminary notice for most construction projects. However, subcontractors and suppliers who do not have a direct contract with the property owner should be aware of the Notice to Owner requirements. While Florida does not have a formal preliminary notice statute, serving notice can help protect your payment rights.

Who Can File a Lien in Florida?

Contractors: General contractors and prime contractors who have a direct contract with the property owner.
Subcontractors: Subcontractors who furnish labor, services, or materials to a construction project under a contract with the general contractor or another subcontractor.
Laborers: Workers who provide labor on a construction project.
Material Suppliers: Suppliers who furnish materials used in the construction or improvement of real property.

Lien Enforcement

A mechanic's lien in Florida must be enforced by filing a lawsuit within one year after the lien is recorded. If the lawsuit is not filed within this timeframe, the lien is automatically extinguished. The court may also shorten this period to as little as 60 days if the property owner files a notice of intention to implead the lienor.

Important Deadlines

Recording the Lien: Within 90 days after final furnishing of labor, services, or materials.
Serving Notice of Intent to Lien: At least 30 days before recording the lien.
Enforcing the Lien: Within one year after recording the lien.
Priority of Lien: A lien relates back to the date when labor, services, or materials were first furnished.

Practical Tips

Keep detailed records of all labor, services, and materials furnished on every Florida construction project. Document the dates of first and last furnishing, maintain copies of all contracts and invoices, and ensure that your lien documents are accurate and complete. Always consult with a construction attorney for specific legal advice regarding your situation.

This information is provided for educational purposes only and does not constitute legal advice. Consult with a licensed attorney for advice regarding your specific situation.