How to Dispute a Lien on Your Property in Florida: A Property Owner's Guide to Fighting Back

This guide provides a clear overview of Florida’s construction lien laws, outlines the grounds for disputing a lien, and explains the steps property owners can take to resolve invalid claims and protect their legal rights.

What Is a Construction/Mechanics Lien in Florida?

A construction lien (also called a mechanics lien) is a legal claim filed by a contractor, subcontractor, or supplier who alleges they have not been paid for services or materials provided to improve your property. The lien effectively clouds your property title, making it difficult to refinance, sell, or even secure home equity financing.

Who Can File a Lien?

Various parties can file a Mechanics lien, including:

• General contractors

• Subcontractors

• Sub-subcontractors

• Laborers

• Material suppliers

In some states, such as Florida, equipment lessors, architects, and design professionals are also permitted to file liens. It is essential to adhere to state laws regarding preliminary notices and notices of intent to file, as these requirements can affect the validity of the lien.

Key Legal Requirements

• Notice to Owner (NTO): Must be sent by subcontractors and suppliers within 45 days of first supplying labor or materials.

• Lien Filing Deadline: The lien must be recorded within 90 days of the final furnishing of work.

• Foreclosure Deadline: The lienor has 1 year to file a lawsuit to enforce the lien, or the lien becomes unenforceable.

Important: If any of these steps are skipped or done improperly, the lien may be invalid and subject to removal.

Legal Requirements for a Valid Lien

A lien is not valid just because it’s been filed. For a lien to be enforceable in Florida, it must meet several strict criteria:

Proper Notice to Owner (NTO) (if not in direct contract with the Property Owner)

• Must be received by the owner within 45 days of the lienor’s first work or delivery.

• Must be delivered to the correct property owner at the right address.

• Must be sent via certified mail, return receipt requested.

Accurate Documentation

• The lien must accurately describe the labor or materials provided.

• The amount claimed must reflect actual, unpaid costs—not estimates or disputed amounts.

Correct Filing & Timing

• The lien must be filed with the clerk of court in the same county where the property is located.

• Must be filed within 90 days of the last work performed or materials delivered.

• A copy must be served to the property owner.

Licensing Requirement

• The lienor (contractor or subcontractor) must be properly licensed to perform the work in Florida.

• Liens filed by unlicensed individuals or companies are invalid under Florida law.

Common Grounds to Dispute a Lien

You are not powerless if a lien is filed against your property. These are the most common legal grounds for challenging or removing a lien:

1. Improper or Late Notice to Owner (NTO)

• Sent after the 45-day deadline

• Addressed incorrectly (wrong owner or property)

• Not delivered via certified mail

2. False or Inflated Lien Amount

• Includes charges for work or materials not actually provided

• Inflates labor hours or materials costs

• Includes duplicate billing or administrative fees not contractually agreed upon

3. Defective Work or Materials

• Work performed is incomplete, not up to code, or of poor quality

• Materials used were substituted without consent or contract amendments

4. Unlicensed Contractor

• The contractor or subcontractor is not legally licensed to perform the work

• In Florida, this automatically invalidates their right to file a lien

5. Full or Partial Payment Already Made

• You’ve already paid, and have proof of payment

• Lien waivers or receipts signed by the lienor or general contractor

• Bank records or cancelled checks clearly showing amounts paid

Steps to Dispute a Lien in Florida

If you believe a lien on your property is invalid, here’s how to fight back:

Step 1 - Contact the Lienor

• Open communication may resolve the issue

• Share proof of payment or documentation

• Request a voluntary release of lien

Step 2 - Send a Written Notice of Contest

• Send a certified letter explaining why the lien is invalid

• Reference documentation and legal statutes, if applicable

• This puts the lienor on notice that you dispute the claim

Step 3 - Request a Sworn Statement of Account

• Forces the lienor to itemize all charges under oath

• If they cannot justify the claim, it weakens their legal position

Step 4 - Record a Notice of Contest of Lien

• File this with the county clerk of court

• It shortens the lienor’s time to file a lawsuit from 1 year to 60 days

• If they don’t sue within that period, the lien is automatically extinguished

Step 5 - Consider Alternative Dispute Resolution (ADR)

• Mediation or arbitration may be faster and less expensive than litigation

• Often effective in resolving payment disputes without going to court

Step 6 - File a Lawsuit to Discharge the Lien

• If the lien is clearly invalid, a judge can formally remove it

• If successful, you may also recover attorney’s fees and court costs

Preventing Future Liens: Best Practices

The best defense against liens is prevention. Take these steps to reduce your risk:

• Hire Only Licensed Contractors – Verify licenses through the Florida DBPR.

• Use Detailed Contracts – Include clear terms, scope of work, payment schedules, and lien waiver requirements.

• Document Every Payment – Use checks, bank transfers, and get signed lien waivers for every payment made.

• Request a Final Lien Waiver – Before issuing the final payment, ensure all subcontractors and suppliers are paid and have waived lien rights.

Key Takeaway

A construction lien can be a serious threat to your financial well-being and property rights—but you don’t have to accept it blindly. By understanding Florida’s complex lien laws and taking decisive action, you can challenge invalid claims and restore your property’s clean title.

Whether it’s an administrative error or a billing dispute, knowledge of the lien laws and documentation are your strongest defenses. If you suspect the lien is unfounded, don’t hesitate to consult a Florida real estate attorney to assess your case and fight back with confidence.

FAQs

1. Can I remove a lien without going to court?
Yes. Many liens are resolved through negotiation, payment settlements, or if the lienor fails to follow legal procedure. A voluntary lien release can often avoid litigation.

2. What is a final release of lien?
A legal document signed by the contractor or supplier confirming they have been fully paid and waive any future lien rights.

3. How long does a lien stay on my property in Florida?
If uncontested, a lien stays on record for one year unless the lienor files a foreclosure lawsuit. A Recorded Notice of Contest can shorten this to 60 days.

4. What if I ignore a lien notice?
Ignoring a lien could lead to foreclosure proceedings, where a court orders the sale of your property to satisfy the alleged debt.