How to Send a Lien in the Florida Construction Industry

In this blog, we’ll break down the steps to file a construction lien in Florida and protect your right to get paid.

What Is a Construction Lien?

A construction lien (also known as a mechanic’s lien) is a legal claim placed on a property by a contractor or supplier who has not been paid for labor or materials provided. In Florida, this right is governed by Chapter 713 of the Florida Statutes, and it's designed to ensure fair payment within the construction industry.

Step 1: Serve a Notice to Owner (NTO)

Before you can file a lien, Florida law requires most parties—except for those who have a direct contract with the property owner—to serve a Notice to Owner (NTO).

Key Rules:

• Must be received by the 45^th day; hence, it is recommended to send within 40 days of first furnishing labor, services, or materials.

• Must be sent by certified mail, return receipt requested, or personally delivered.

• Must be sent to the property owner, general contractor, and any other parties listed in the Notice of Commencement.

Step 2: File the Claim of Lien

If payment is not received, the next step is to file a Claim of Lien with the clerk of court in the county where the property is located.

Claim of Lien Must Include:

• Name and address of the lienor

• Description of the services or materials provided

• Legal description of the property

• The amount owed

• First and last date of work

Timing Matters:

• You must file the lien within 90 days of your last day on the job (last day you furnished labor, services, or materials).

• Weekends and holidays are included, unless the final day falls on one.

Step 3: Serve a Copy of the Lien

Filing the lien is only part of the process. You must also serve a copy of the lien on the property owner within 15 days of filing.

How to Serve:

• Certified mail, return receipt requested

• Hand delivery

Step 4: Enforce the Lien (If Necessary)

Filing a lien doesn’t automatically get you paid. If the dispute isn’t resolved, you may need to file a lawsuit to enforce the lien.

Important Deadlines:

• You must initiate legal action within 1 year of recording the lien, or it will expire.

• The owner can shorten this period by filing a Notice of Contest of Lien, reducing your deadline to 60 days.

Common Mistakes to Avoid

• Missing deadlines – Florida's deadlines are strict. Late filing or service can render your lien invalid.

• Incorrect property description – A legal property description, not just the address, is required.

• Failing to serve the NTO or Lien properly – Mailing to the wrong address or missing a required party can invalidate your lien rights.

Final Thoughts

Sending a lien in Florida can be a crucial step in recovering payment, but it’s not as simple as filling out a form. Every detail—from the timeline to the method of delivery—matters. When done correctly, it gives you powerful leverage. When done incorrectly, it may be dismissed entirely.

If you’re unsure about how to protect your lien rights or need help with the process, consider consulting a construction attorney or using a lien service that specializes in Florida’s lien laws.

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

FAQs: Florida Construction Liens

1. Who has the legal right to file a construction lien in Florida?

Under Florida’s Construction Lien Law (Chapter 713, Florida Statutes), the following parties may file a lien if they remain unpaid:

• General contractors and subcontractors

• Material suppliers and equipment rental providers

• Laborers

• Licensed design professionals such as architects, engineers, and surveyors

The key requirement is that the work or materials must have been furnished for the permanent improvement of the property.

2. Do I need a written contract to preserve lien rights in Florida?

No written contract is strictly required. Florida law recognizes both oral and written agreements as the basis for lien rights. However, having a written contract provides stronger documentation and reduces disputes about the scope of work and payment terms.

3. What happens if I miss Florida’s 90-day lien filing deadline?

If you fail to record your lien within 90 calendar days from your last day of furnishing labor, services, or materials, you forfeit your lien rights completely. Courts strictly enforce this deadline, and even filing one day late will invalidate your claim.

4. Can I file a lien if the project ended early or I stopped working?

Yes. The 90-day deadline is measured from your last day of actual work or delivery, regardless of whether the project was terminated, suspended, or you voluntarily stopped working.

5. Is recording a lien the same as filing a lawsuit?

No. Recording a lien is a statutory notice of claim against the property to secure payment. To actually collect, you may need to enforce the lien through a foreclosure lawsuit, which must be filed within one year of recording the lien (unless shortened by the owner’s Notice of Contest).

6. Can I still lien the property if the owner already paid the general contractor?

Yes, in many cases. Florida law allows subcontractors, suppliers, and other lienors to assert lien rights even if the property owner has paid the general contractor, provided that proper preliminary notices (such as the Notice to Owner) were served correctly and on time.

7. What is a Notice of Commencement (NOC), and why is it important?

The Notice of Commencement (NOC) is a recorded document filed by the property owner at the beginning of a project. It lists key project details, including the legal property description, owner, general contractor, and lender. This information is critical for subcontractors and suppliers because it identifies who must receive the Notice to Owner (NTO) to preserve lien rights.

8. What’s the difference between a Notice to Owner (NTO) and a Construction Lien?

• A Notice to Owner (NTO) is a preliminary notice sent at the start of work to preserve your lien rights.

• A Construction Lien is the official, recorded claim filed with the county clerk when payment is not received.

Think of the NTO as protecting your right, and the lien as exercising that right.

9. Can I serve a construction lien myself in Florida?

Yes, but strict service requirements apply. Florida law requires liens to be delivered by certified mail, personal service, or other legally accepted methods. Errors in service can invalidate your lien. Many contractors and suppliers use professional services (such as SunRay Construction Solutions) to ensure compliance and proof of delivery.

10. What are the most common mistakes that cause Florida liens to be invalid?

The top errors that lead to unenforceable liens include:

• Missing the 90-day recording deadline

• Incorrect or incomplete property descriptions

• Failure to serve a Notice to Owner on all required parties

• Improper service of the lien itself

Because Florida lien law is strictly construed, even minor mistakes can destroy your ability to collect.

11. Do I lose my lien rights if I don’t send a Notice to Owner in Florida?

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Yes, in most cases. If you are not in direct contract with the property owner, failing to send a Notice to Owner Florida within 45 days of first furnishing labor or materials means you forfeit your lien rights. The NTO acts as a legal prerequisite to later filing a mechanics lien in Florida.

12. How does a Notice to Owner Florida protect subcontractors and suppliers?

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The Notice to Owner Florida notifies the property owner and other required parties that you are working on the project. This ensures that if payment issues arise, you have the legal standing to record a mechanics lien Florida and secure your payment.

13. Can I send a Notice to Owner Florida electronically?

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Florida law requires service by certified mail, return receipt requested, or by hand delivery. While electronic notices may be useful for communication, they do not satisfy statutory requirements to preserve lien rights. To protect your future mechanics lien Florida claim, always send the NTO through an accepted legal method.

14. What if I send the Notice to Owner Florida late?

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If your Notice to Owner Florida is sent after the 45th day, it will be considered invalid, and you lose your right to file a mechanics lien Florida. That’s why most professionals send the NTO within 40 days as a safe buffer.

15. Can a general contractor in Florida file a lien without serving a Notice to Owner?

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Yes. Since the general contractor has a direct contract with the property owner, they do not need to serve a Notice to Owner Florida before filing a mechanics lien Florida. However, subcontractors, suppliers, and others without direct contracts must serve the NTO to preserve lien rights.

16. Is a Notice to Owner the same as a mechanics lien in Florida?

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No. A Notice to Owner Florida is a preliminary notice that reserves your right to file a lien. A mechanics lien Florida is the actual recorded document filed with the clerk when you are unpaid. Think of the NTO as the “warning” and the lien as the “legal action.”

17. Can multiple parties on the same project send a Notice to Owner Florida?

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Yes. Every subcontractor, supplier, or laborer who wishes to preserve lien rights must send their own Notice to Owner Florida. If they are not paid, each may later file their own mechanics lien Florida.

18. Does sending a Notice to Owner Florida guarantee payment?

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Not directly. A Notice to Owner Florida only preserves your right to lien. If payment issues persist, you will still need to file a mechanics lien Florida and, if necessary, enforce it in court.

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.