Florida Lien Law Must-Knows for Subcontractors and Suppliers

This guide breaks down the essential information you need to maintain strong payment protection on every Florida project.

Who Needs to Understand Florida Lien Law

Anyone improving real property in Florida without a direct contract with the property owner must follow lien law requirements to preserve payment rights. This includes subcontractors, sub-subcontractors, material suppliers, equipment rental companies, and service providers.
If you are not in direct contract with the owner, you must take extra steps early in the project to preserve lien rights. Failing to do so removes your ability to file a valid lien even if you performed every bit of your work correctly.

The Notice to Owner: What It Is and Why It Matters

The Notice to Owner is the single most important document for subcontractors and suppliers on private projects. If you want the ability to file a construction lien, you must serve this notice correctly and on time.  

The Notice to Owner tells the property owner that you are supplying labor or materials to the project. Without this notice, the owner may pay the contractor in full without realizing you are unpaid. If the owner pays out all project funds and you did not send an NTO, you often lose your right to lien entirely.

The 45-Day Deadline

The Notice to Owner must be received no later than 45 days from your first day of work or your first delivery of materials. The clock starts the moment you contribute to the improvement, not when you send your first invoice.
Florida courts strictly enforce this deadline. Even serving the notice one day late eliminates lien rights.

How to Serve the Notice to Owner

Service must follow the methods allowed under Florida law. These include certified mail or certain trackable delivery services. The NTO must reach every required party, which typically includes the property owner and the general contractor. On some projects, additional parties such as a condominium association or construction lender must also receive the notice.
Using a proven form and a reliable service method is essential. Errors in service are one of the most common reasons lien rights are lost.

Information Required in the NTO

Your Notice to Owner must contain accurate information about your business, the work or materials you provide, the property owner’s details, the contractor’s details, and a description of the project. The law requires substantial accuracy in the content and strict accuracy in timing.

Recording the Claim of Lien

If you remain unpaid, your next step is recording a claim of lien in the county where the project property is located.

The 90-Day Deadline

The lien must be recorded no later than 90 days after your final furnishing of labor, services, or materials to the project.
The final furnishing date is often debated, so it is critical to document your deliveries, site visits, work performed, punch list work, and any final shipments. Courts look closely at what qualifies as final labor or materials.

Serving the Recorded Lien

After the lien is recorded, you must serve a copy of the recorded document on the owner and other parties required by law. This service must also follow specific methods and timelines.

Enforcing Your Lien

Recording a lien is not the end of the process. For the lien to remain valid, you must enforce it through legal action within the allowed time frame.
In most cases, you have one year from the recording date to file a lawsuit to foreclose the lien. The owner, however, may shorten this period by filing a Notice of Contest of Lien. This reduces your time to only 60 days.
If you miss the enforcement window, the lien expires and becomes unenforceable.

Public Projects and Payment Bonds

Florida does not allow construction liens to be filed on public property. On public projects, your protection comes from the payment bond posted by the prime contractor.
Bond claims have their own notice requirements and strict deadlines. You must identify the existence of the bond early in the project and follow the bond’s specific procedures. Treat these deadlines with the same seriousness as lien deadlines because missing a bond notice can eliminate your ability to recover payment.

Who Must Receive Your Notices

Florida law requires that specific parties receive your Notice to Owner and other documents. If you are a supplier to a subcontractor, for example, you must serve the NTO on the owner, the general contractor, and sometimes the subcontractor supplying you with the order. Failure to serve the correct parties is a common mistake that leads to lost lien rights. Always confirm the legal names and mailing addresses of all parties early in the project.

Common Mistakes That Cost Subcontractors and Suppliers Their Lien Rights

Best Practices for Subcontractors and Suppliers

A proactive approach eliminates guesswork and protects your rights before problems arise.

FAQs

Do I need to send a Notice to Owner if I only supplied materials
Yes, if you do not have a direct contract with the owner, you must send the NTO to preserve lien rights.

Can I file a lien on a public project
No. You must instead make a claim on the payment bond.

Does a purchase order count as privity with the owner
No. Privity exists only when you directly contract with the property owner.

How much does a lien secure
A lien secures the value of the labor or materials you provided but have not been paid for.

Can a lien be challenged
Yes. Owners can shorten the enforcement period or dispute the validity or amount, which is why accurate documentation is essential.

Final Thoughts

Florida lien law protects subcontractors and suppliers, but only if you follow the timelines and requirements. The Notice to Owner and Claim of Lien are powerful tools when used correctly. The subcontractors and suppliers who get paid consistently are the ones who take compliance seriously from day one.
SunRay Construction Solutions was built to help you protect your payments with reliable, timely, and accurate notices that preserve your rights. If you want support preparing or serving your NTOs or liens, our team can help you streamline your process and stay compliant all year long.