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.

FAQs: Florida Construction Liens

1. Who can file a construction lien in Florida?
In Florida, contractors, subcontractors, laborers, material suppliers, and design professionals like architects and engineers can file a construction lien if they haven’t been paid for their work or materials on a project.

2. Do I need a written contract to file a lien?
No. While written contracts are helpful, Florida law does not require a written agreement to claim lien rights—verbal agreements may qualify as long as you can prove the work was performed.

3. What happens if I miss the 90-day lien deadline?
You lose your lien rights entirely. This is why it’s critical to track your last day of work and file within 90 calendar days, not business days.

4. Can I still file a lien if the project was terminated early or I stopped working?
Yes. The 90-day period begins from your last day of furnishing labor or materials, regardless of why work ended.

5. Is filing a lien the same as suing?
No. Filing a lien is a preliminary legal step to secure your payment. However, you may still need to file a lawsuit to enforce the lien if the issue isn’t resolved.

6. What if the property owner already paid the general contractor?
You may still have lien rights. Florida law allows subcontractors and suppliers to file liens even if the owner has paid—as long as proper notices were sent.

7. What is a Notice of Commencement, and why does it matter?
It’s a recorded document filed by the owner that lists key project parties. You must use this to identify who to send your NTO to.

8. What’s the difference between a Notice to Owner and a Lien?
An NTO preserves your right to file a lien. The lien itself is the official claim recorded with the court when payment isn’t made.

9. Can I serve the lien myself?
You can, but it must meet strict delivery standards. That’s why many professionals use services like SunRay to handle delivery with tracking and compliance.

10. What’s the biggest mistake people make when filing a lien?
Missing deadlines, incorrect property descriptions, or failing to send notices properly—any of which can invalidate your lien. Precision matters.