Claim of Lien or Mechanics Lien in Florida: What You Need to Know

Although they're closely related, especially in Florida law, there are important distinctions you should understand. This guide breaks down what these liens are, how they work, and what you need to do to protect your rights.

What Is a Lien in Construction?

A lien is a legal claim against real property that ensures a party providing labor, services, or materials is paid. In the construction world, liens give contractors and suppliers a powerful tool to secure payment. If left unpaid, a lien can result in legal action and in some cases, force the sale of the property to satisfy the debt.

What Is a Mechanics Lien?

A Mechanics Lien is a specific type of lien used in the construction industry. It allows contractors, subcontractors, suppliers, and laborers to claim a legal interest in a property they improved. If payment is not received, the lien can be enforced through the courts.

While many states use the term “Mechanics Lien,” Florida law refers to this document as a “Claim of Lien.”

What Is a Claim of Lien in Florida?

In Florida, a Claim of Lien is the formal, statutory term for what other states may call a Mechanics Lien. It is governed by Chapter 713 of the Florida Statutes, which sets out strict requirements for filing and enforcing lien rights.

Though the terminology differs, the purpose is the same: to secure payment for services or materials provided on a construction project.

Filing a Claim of Lien in Florida: Key Requirements

To file a valid Claim of Lien in Florida, you must follow specific legal steps. Missing a deadline or failing to include required information could invalidate your lien.

Step 1: Serve a Notice to Owner (NTO)

Most lien claimants must send a notice to owner within 45 days of first furnishing labor or materials. This notice alerts the property owner of your potential lien rights.

Step 2: File the Claim of Lien

You must record your lien within 90 days of your last day of work or final delivery of materials. The lien must be filed in the county where the property is located.

Step 3: Include Accurate Information

Your Claim of Lien must include:

• Legal property description

• Name and address of the lienor

• Name of the property owner

• Work or materials provided

• Total amount owed

• First and last dates of furnishing labor/materials

Step 4: Serve the Lien on the Owner

You must deliver a copy of the recorded lien to the property owner within 15 days of filing.

Step 5: Enforce the Lien

To preserve your lien rights, you must file a foreclosure lawsuit within 1 year from the date of recording. If you don’t, the lien expires.

Is There a Difference Between a Mechanics Lien and a Claim of Lien?

Yes and no. Here’s a quick breakdown:

Knowing these distinctions can help you avoid costly errors that could jeopardize your payment.

Why Florida Contractors Should Take This Seriously

Florida’s lien laws are unforgiving. A missed deadline or an incorrect form could mean losing your ability to recover thousands of dollars. That’s why working with a trusted lien service like SunRay Construction Solutions is key to protecting your rights and improving your cash flow.

Frequently Asked Questions

What steps must be taken before filing a Claim of Lien in Florida?

You must:

• Send a Notice to Owner within 45 days of starting work

• File the lien within 90 days of your last labor or material delivery

• Serve the recorded lien to the property owner within 15 days

What information is required in a Florida Claim of Lien?

A valid lien must include:

• Property's legal description

• Owner’s name

• Claimant’s name and address

• Description of labor/materials

• Total owed

• First and last dates of work

How is a lien enforced in Florida?

You must file a foreclosure lawsuit within one year of recording the lien. If you fail to do so, the lien becomes legally void.

What happens to a property owner who receives a Claim of Lien?

They may:

• Face legal action if the lien is enforced

• Be unable to sell or refinance the property

• Incur legal fees and interest

• Suffer credit damage

Final Thoughts: Protecting Your Right to Get Paid

Understanding the mechanics of Florida's lien laws is critical for anyone working in construction. Whether you're chasing unpaid invoices or trying to prevent legal disputes, filing a Claim of Lien properly is a powerful step toward securing your payment.

If you're unsure about the process, let the experts help. At SunRay Construction Solutions, we simplify complex lien filings and help contractors get paid faster, accurately and on time.

Get a free editable Florida Notice to Owner template.
Need help filing a lien? Contact us now for professional support

To better understand your lien rights, check out our guides on the Notice to Owner Florida and the Florida Mechanics Lien.

Frequently Asked Questions (FAQs) About Filing a Mechanics Lien in Florida

1. What is a mechanics lien in Florida?

A mechanics lien is a legal claim filed by a contractor, subcontractor, supplier, or design professional to secure payment for work performed or materials supplied on a construction project.

2. Who can file a mechanics lien in Florida?

Contractors, subcontractors, material suppliers, laborers, and licensed professionals such as architects and engineers who have contributed to a construction project may be eligible to file a lien.

3. Do I need a written contract to file a mechanics lien in Florida?

No, a written contract is not always required. Florida law allows oral agreements to support a lien claim, though written contracts are highly recommended for clarity and legal protection.

4. What is the deadline to file a mechanics lien in Florida?

You must file the lien within 90 days from the date you last furnished labor, services, or materials to the project.

5. What is a Notice to Owner (NTO), and when must it be sent?

The NTO is a required preliminary notice for those without a direct contract with the property owner. It must be sent within 45 days of first furnishing labor or materials to the job site.

6. What happens if I don’t send a Notice to Owner?

If you're required to send an NTO and fail to do so on time, you may lose your right to file a valid mechanics lien.

7. Where should I record the mechanics lien?

The lien must be recorded in the clerk of court's office in the county where the property is located.

8. How do I serve the lien on the property owner?

After recording, you must serve a copy of the lien to the property owner within 15 days of the recording date, typically by certified mail or another acceptable method.

9. How long is a Florida mechanics lien valid?

A lien is valid for one year from the date it was recorded. However, the property owner can shorten this timeframe to 60 or even 20 days by filing specific notices.

10. Can I still file a lien if the project was not completed?

Yes, as long as you provided labor or materials, and you follow the legal requirements and deadlines, you may still file a lien even if the project was left unfinished.

At Sunray Construction Solutions, we also understand the importance of protecting your rights on a construction project. Learn how to use the Florida mechanics lien form and how to file a mechanics lien in Florida to ensure you're paid for your hard work.

Sunray Construction Solutions offers professional "Notice to Owner Florida" services to help you secure your mechanics lien florida rights in the construction industry. Looking for a free Notice to Owner form in Florida? Get your free, editable "Florida Notice to Owner Template" today for easy and accurate preparation