How to Lien a Construction Project in Florida: A Comprehensive Guide

In the realm of construction and real estate, a lien is a legal claim against a property that serves as security for a debt. Contractors, subcontractors, suppliers, and other parties involved in a construction project have the right to file a lien if they are not paid for their work or materials. The process to lien a construction project involves a series of well-defined steps, each with its own set of rules and deadlines.

ARIELA WAGNER

by

Ariela Wagner

Last updated:

Sep 19, 2023

Published:

Aug 28, 2023

WORKER SMILING

Attorney Reviewed

2 Mins

read

In the realm of construction and real estate, a lien is a legal claim against a property that serves as security for a debt. Contractors, subcontractors, suppliers, and other parties involved in a construction project have the right to file a lien if they are not paid for their work or materials. The process of liening a project involves a series of well-defined steps, each with its own set of rules and deadlines.

In this blog post, we will delve into the detailed steps required to successfully lien a construction project in Florida.

What Are the Steps to Lien a Project?

Step 1 – Sending the Notice to Owner (NTO)

The first crucial step to lien a project is sending a Notice to Owner (NTO). However, if you have a direct contract with the property owner, you may not need to send an NTO. Failure to send an NTO can prevent you from filing a lien later, or if the NTO is sent after the deadline, it could render your lien invalid.

NTO Deadline

The timeline for sending the NTO is determined by the date of first furnishing labor or supplying materials to the project. This date is referred to as "Day 1." The NTO must be sent by Day 40 to ensure that it is properly served and stamped by the United States Postal Service (USPS). If the Notice to Owner Florida Form is not received by the 45th day, it loses its validity. An important exception to this rule is when dealing with specially fabricated materials, where the 45-day clock starts ticking as soon as fabrication begins.

SunRay's deadline calculator

Step 2 – Preparing the Lien with the Correct Form

A critical aspect of the process is preparing the lien using the correct form. In Florida, a Notice to Owner is a specific legal form that needs to be filled out accurately. This form can typically be downloaded from official sources or obtained through legal resources. It's essential to adhere to the proper format and content requirements outlined in Florida Statute 713.08.

Step 3 – Determining the Last Day on the Job

Timing is of the essence when you plan to lien a construction project. You have a window of only 90 days from the last day you worked on the property to file a lien. Waiting until the last minute could jeopardize your ability to record the lien in time. To ensure best practice, it's recommended to file the lien within 60 days from the last day of furnishing labor and/or materials.

Step 4 – Recording the Lien in the Appropriate County

The next step is to record the lien in the appropriate county. A lien is recorded in the county where the improvements are being made. For instance, if you're working on a project in Miami Beach, Florida, you would record your lien in Miami-Dade County. Recording the lien in the wrong county can lead to complications and potential challenges in the future.

File a Lien in Florida

Step 5 – Mailing the Lien

After successfully recording the lien, it's crucial to mail copies of the lien to all relevant parties involved in the project within 15 days. This mailing must be done by certified mail. Failing to mail the lien copies can invalidate the lien, rendering your efforts ineffective.

Conclusion

All of the above steps contribute to the successful execution of the lien process. Adhering to these steps ensures that your rights as a contractor, subcontractor, or supplier are protected, and you have the legal means to pursue payment for the work and materials you've provided.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

About Author

ARIELA WAGNER

Ariela Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 17 years of construction industry experience. Read More>

WORKER SMILING

File a Construction Lien in Florida in just 60 Seconds!

File Now

In the realm of construction and real estate, a lien is a legal claim against a property that serves as security for a debt. Contractors, subcontractors, suppliers, and other parties involved in a construction project have the right to file a lien if they are not paid for their work or materials. The process of liening a project involves a series of well-defined steps, each with its own set of rules and deadlines.

In this blog post, we will delve into the detailed steps required to successfully lien a construction project in Florida.

What Are the Steps to Lien a Project?

Step 1 – Sending the Notice to Owner (NTO)

The first crucial step to lien a project is sending a Notice to Owner (NTO). However, if you have a direct contract with the property owner, you may not need to send an NTO. Failure to send an NTO can prevent you from filing a lien later, or if the NTO is sent after the deadline, it could render your lien invalid.

NTO Deadline

The timeline for sending the NTO is determined by the date of first furnishing labor or supplying materials to the project. This date is referred to as "Day 1." The NTO must be sent by Day 40 to ensure that it is properly served and stamped by the United States Postal Service (USPS). If the Notice to Owner Florida Form is not received by the 45th day, it loses its validity. An important exception to this rule is when dealing with specially fabricated materials, where the 45-day clock starts ticking as soon as fabrication begins.

SunRay's deadline calculator

Step 2 – Preparing the Lien with the Correct Form

A critical aspect of the process is preparing the lien using the correct form. In Florida, a Notice to Owner is a specific legal form that needs to be filled out accurately. This form can typically be downloaded from official sources or obtained through legal resources. It's essential to adhere to the proper format and content requirements outlined in Florida Statute 713.08.

Step 3 – Determining the Last Day on the Job

Timing is of the essence when you plan to lien a construction project. You have a window of only 90 days from the last day you worked on the property to file a lien. Waiting until the last minute could jeopardize your ability to record the lien in time. To ensure best practice, it's recommended to file the lien within 60 days from the last day of furnishing labor and/or materials.

Step 4 – Recording the Lien in the Appropriate County

The next step is to record the lien in the appropriate county. A lien is recorded in the county where the improvements are being made. For instance, if you're working on a project in Miami Beach, Florida, you would record your lien in Miami-Dade County. Recording the lien in the wrong county can lead to complications and potential challenges in the future.

File a Lien in Florida

Step 5 – Mailing the Lien

After successfully recording the lien, it's crucial to mail copies of the lien to all relevant parties involved in the project within 15 days. This mailing must be done by certified mail. Failing to mail the lien copies can invalidate the lien, rendering your efforts ineffective.

Conclusion

All of the above steps contribute to the successful execution of the lien process. Adhering to these steps ensures that your rights as a contractor, subcontractor, or supplier are protected, and you have the legal means to pursue payment for the work and materials you've provided.

Disclaimer
THE INFORMATION ON THIS WEBPAGE IS NOT THE SAME AS LEGAL ADVICE. SUNRAY CONSTRUCTION SOLUTIONS, LLC IS NOT AN ATTORNEY OR A LAW FIRM. WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY.
Ariela Wagner
Ariela Wagner
Ariela is the president and founder of SunRay Construction Solutions. She has over 13 years of construction industry experience.
Preliminary Notice| SunRay Notice
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