New Year, New Rules: Lien Law Tune-Up Workshop with Alex Barthet - Florida Webinar

In this blog, presented by SunRay Construction Solutions and Alex Barthet of The Barthet Firm, Florida contractors will learn who has lien rights, how liens and bond claims work, and practical steps businesses can take to improve collections.

Why Lien Law Knowledge Matters

Lien laws exist to secure payment for parties that provide labor, materials, equipment, or professional services to a construction project. When followed correctly, lien rights offer strong leverage in resolving payment disputes. When misunderstood or missed, those rights can be lost permanently.

Understanding deadlines, eligibility, and procedural steps is essential for anyone operating in construction, whether working directly with an owner or several tiers removed.

Who Has Lien Rights on a Construction Project

Lien rights depend on a party’s role and contractual relationship on the project.

Laborers and Individuals

Individual laborers, such as a carpenter working personally on a job, may have lien rights. However, labor supply or staffing companies are treated as subcontractors, not laborers. While individual laborers rarely assert liens in practice, the legal right still exists.

Design Professionals

Architects, engineers, and land surveyors are classified as professionals and have lien rights for the services they provide, even if construction never begins.

Contractors

Under lien law, a contractor is any party with a direct contract with the property owner. This definition applies regardless of trade. A plumbing contractor, for example, is legally considered a contractor if contracted directly with the owner and must follow contractor-specific lien rules.

Subcontractors and Suppliers

Subcontractors, sub-subcontractors, material suppliers, and equipment rental companies may have lien rights even when several tiers removed from the owner. In many states, the lowest tier with lien rights is the material supplier to a sub-subcontractor.

Who Does Not Have Lien Rights

Certain parties are excluded from lien protection.

Material suppliers to other material suppliers do not have lien rights. For example, a manufacturer supplying materials to a supply house cannot lien the project, but the supply house delivering materials to the job site can.

Similarly, sub-sub-subcontractors generally do not have lien rights. While subcontractors and sub-subcontractors may lien, an additional lower-tier subcontractor hired beneath them typically cannot.

The Step-by-Step Lien Process

Lien rights are strictly governed by deadlines. Missing even one can invalidate the entire claim.

Step 1: Serve a Notice to Owner

Parties without a direct contract with the owner must serve a Notice to Owner within 45 days of first work. While contractors in direct privity with the owner are exempt, serving this notice is still recommended because it acts as a strong collection tool and places the sender on the owner’s payment tracking list.

Step 2: Record the Claim of Lien

A lien must be recorded within 90 days of last work. This does not mean three calendar months. Ninety days must be calculated precisely. Liens can be recorded while work is ongoing and do not need to wait until the project ends, although you may not lien for future work.

Step 3: Serve the Recorded Lien

Once recorded, the lien must be served on all interested parties. This typically includes the owner, contractor, and others listed in the notice of commencement. Service must occur within 15 days.

Step 4: Serve the Contractor’s Final Affidavit if Required

Contractors with a direct contract with the owner who provide labor must serve a contractor’s final affidavit before enforcing a lien. This requirement does not apply to suppliers, rental companies, or design professionals. CFA must be served 5 days prior to filing a lawsuit.

Step 5: File a Lawsuit to Enforce the Lien

A lawsuit to foreclose on the lien must be filed within one year of the lien’s recording date. Re-recording a lien does not extend this deadline. The only way to preserve lien rights is through legal enforcement.

Understanding “Last Work” Under Lien Law

Last work refers to real work that entitles payment. Punch list items, warranty repairs, or corrective work do not qualify. Passing inspections also does not count as last work. The deadline runs from the actual day labor or materials were provided.

Project delays, shutdowns, or assumptions about returning to work can cause lien rights to expire if no work is actually performed within the 90-day window.

Bond Claims as an Alternative Path to Payment

Bond claims apply when lien rights are unavailable or restricted.

When Bond Claims Apply

Bond claims are common on public projects, where liens are prohibited, and on certain private projects where lenders require bonds to keep properties free of liens.

How to Confirm a Bonded Job

Bond information is typically listed in the notice of commencement and posted at the job site along with permit documents. Some bonds are not recorded but sometimes gathered when initially obtaining the contract/job.

Bond Claim Steps Explained

Bond claims follow a structured process that differs slightly from lien claims.

Notice to Contractor

A Notice to Contractor must be served within 45 days of first work unless the claimant has a direct contract with the bonded contractor. Even when not mandatory, consistent use of this notice is considered a best practice.

Notice of Non-Payment

Within 90 days of last work, a Notice of Non-Payment must be served on the contractor, owner, and surety. This notice is not recorded and must be sent by certified mail.

Filing a Bond Lawsuit

A lawsuit to enforce a bond claim must be filed within one year of last work on the project. This deadline differs from lien claims, which are measured from the lien recording date.

Practical Collection Tips for Contractors

Strong payment protection goes beyond legal filings.

Effective collections require consistent follow-up through calls, emails, and written notices. Negotiations should involve decision-makers who have authority to approve payments or settlements.

Joint check agreements can reduce payment risk, particularly for suppliers and lower-tier parties. These agreements are governed strictly by their written terms and should always be reviewed carefully.

When offering discounts for prompt payment, credits should be conditioned on actual receipt of funds. Unconditional credits issued before payment can permanently reduce recoverable amounts.

Why Early Action Improves Recovery

The highest collection success comes from securing lien or bond rights early and acting promptly when payment issues arise. Delays weaken cases as documents are lost, staff changes occur, and deadlines approach.

Once internal efforts are exhausted, pursuing legal enforcement sooner significantly improves recovery outcomes.

Final Thoughts

Lien law and bond claim rules are powerful tools when used correctly. They are also unforgiving when deadlines are missed. Contractors and construction professionals who understand their rights, track timelines carefully, and act early are far more likely to get paid in 2026 and beyond.

Common Questions Contractors Ask

Can attorney’s fees and filing fees be included in the lien amount?

Yes, but only in a limited and specific way. Best practice is to list only the principal amount owed for the work performed in the lien. For example, if the unpaid balance is $10,000, the lien amount should state $10,000.

Attorney’s fees, filing fees, interest, and collection costs should be referenced generally rather than calculated into the lien amount. Most liens include language stating that the claim is for the principal amount plus interest, legal fees, and collection costs. This approach is recommended because interest continues to accrue and legal fees may vary over time. Including the principal amount with a proper reference is sufficient.

Is monthly service work lienable?

It depends on the nature of the work. Routine or generic maintenance work is generally not lienable. Examples include lawn and landscape maintenance or preventative servicing where no permanent improvement is made, such as replacing air filters or performing routine inspections.

However, if monthly service work results in actual improvements to the property, meaning work that permanently enhances or repairs the property, it may be lienable. Each situation must be evaluated based on the specific scope of work performed.

How can lien and collection fees be recovered in Florida, and what contract language is required?

Under Florida law, the prevailing party in a lien or bond claim may be entitled to recover attorney’s fees. If a lien or bond claim is successfully enforced, a judge has discretion to award some, all, or none of the legal fees incurred.

To strengthen recovery rights, contracts should include a prevailing party attorney’s fees provision. This clause should clearly state that the prevailing party in any dispute is entitled to recover legal fees from the non-prevailing party. When included in a written agreement signed by all parties, this provision provides an additional contractual basis for recovering legal expenses.

If only punch list work has been performed for more than 90 days, can a lien still be filed?

Generally, no. Lien rights expire 90 days after the last date real, lienable work was performed. Punch list work, warranty work, or corrective repairs do not count as last work for lien purposes.

If more than 90 days have passed since the last qualifying work, lien rights are typically lost. That said, it may still be worth reviewing the job history carefully. In some cases, work believed to be punch list activity may qualify as lienable work and could extend the deadline. Filing a lien after the 90-day period can be risky and may expose the filer to claims of an invalid or fraudulent lien, including potential liability for the other party’s legal fees.