How to File a Construction Lien in Florida: A Step-by-Step Overview
This information provides an overview of key steps involved in filing a construction lien under Florida Statute Chapter 713. It is intended for general informational purposes only and should not be considered legal advice. No attorney-client relationship or other professional relationship is created by reading, using, or relying upon the information provided here.
Every situation is unique. You should always consult directly with a qualified attorney or other appropriately licensed professional to address specific legal, business, or financial questions or issues.
Step 1: Determine if You're Eligible to File a Lien
According to Florida Statute §713.01(19), a lienor is defined as:
Lienor means a person who is: (a) a contractor; (b) a subcontractor; (c) a sub-subcontractor; (d) a laborer; (e) a materialman who contracts with the owner, contractor, subcontractor, or sub-subcontractor; or (f) a professional lienor under s. 713.03; and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest. No other person may have a lien under this part.
Step 2: Determine Whether You Must Serve a Notice to Owner (NTO)Step 2: Determine Whether You Must Serve a Notice to Owner (NTO)
Not everyone who records a lien needs to serve an NTO. Whether you need to serve an NTO depends on whether you have “privity” with the property owner.
What is "Privity"?
“Privity” simply means you have a direct contractual relationship (either verbal or written) with the property owner.
- If you contracted directly with the property owner (verbal or written), you have privity.
- If you did NOT contract directly with the owner, you do NOT have privity.*
Why Privity Matters? (Florida Statute §713.06(2)(a))
- You DO NOT need to serve an NTO if:
- You have privity—a direct agreement (verbal or written) with the property owner.
- Common Example: A general contractor who enters into a contract directly with a homeowner or property owner.
You MUST serve an NTO if:
- You do NOT have privity—meaning your agreement is with someone other than the owner.
- Common Examples:
- Subcontractors
- Sub-subcontractors
- Material suppliers
- Equipment rental companies
- Any party contracting indirectly through another party rather than directly with the property owner
Why This Matters:
If you’re required to serve an NTO and fail to do so, you forfeit your right to file a lien, regardless of how much money you’re owed.
Important Deadline:
- Your NTO must be served within 45 days of your first furnishing of labor, services, or materials.
Next Steps:
- If you're required to serve an NTO, proceed immediately to Step 3: Serving Your Notice to Owner.
- If you're exempt (you have privity), skip directly to Step 4: Preparing Your Claim of Lien.
Step 3: Timely Serve Your Notice to Owner (NTO)
If you don’t have a direct contract with the owner, serve an NTO promptly.
- Deadline: Must serve within 45 days of your first furnishing labor, services, or materials (§713.06(2)(a)).
Statute Quote (§713.06(2)(a)):
“The notice must be served no later than 45 days after commencing to furnish his or her labor, services, or materials…”
How to Serve the NTO (Best Practices)
Send the NTO via Certified Mail with Return Receipt Requested to:
- The property owner
- The contractor
- Any other parties listed on the recorded Notice of Commencement (NOC)
- Retain the following as proof:
- USPS certified mail receipt
- Online tracking information
- Signed green card or electronic delivery confirmation
Pro Tip: Double-check the Notice of Commencement to identify all required recipients of the NTO.
Free Sample NTO Template
To help you get started, download our fill-in-the-blank Florida Notice to Owner (NTO) template here:
Download Free Florida NTO Template (PDF) (Replace with actual link once uploaded)
Step 4: Preparing the Claim of Lien
Your Claim of Lien must strictly comply with Florida law (§713.08).
According to Florida Statutes §713.08(3), a Claim of Lien must include:
- (a) The name of the lienor...
- (b) The name of the person with whom the lienor contracted or by whom she or he was employed.
- (c) The labor, services, or materials furnished...
- (d) A description of the real property sufficient for identification...
- (e) The name of the owner...
- (f) The time when the first and the last item of labor or services or materials was furnished...
- (g) The amount unpaid...
Critical: Florida Statutes require a specific warning statement on the Claim of Lien (§713.08(3)):
“WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN…”
(Full warning per statute must be included verbatim.)
Notarize the Claim of Lien—Florida law explicitly requires notarization.
Free Sample Claim of Lien Template
To help you get started, download our fill-in-the-blank Claim of Lien template here:
Download Free Florida Claim of Lien Template (PDF) (Replace with actual link once uploaded)
Step 5: Recording the Claim of Lien
Record your notarized Claim of Lien in the county clerk’s office where the property is located.
- Deadline: Within 90 days after your last furnishing labor, services, or materials (§713.08(5)).*
The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing…
Best Practice for Recording:
- Physically deliver or electronically file (county-dependent).
- Keep stamped/filed copy as official proof.
Step 6: Serve the Recorded Claim of Lien
Florida law mandates serving a copy of your recorded Claim of Lien promptly to the property owner.
- Deadline: Within 15 days after recording (§713.08(4)(c)).
Statute Quote (§713.08(4)(c)):
“The lienor shall serve a copy of the claim of lien within 15 days after recording…”
Recommended Service Method:
- Certified Mail, Return Receipt Requested
- Maintain USPS proof and receipts as evidence.
Important Consequence: Florida Statute §713.08(4)(c) states:
The lienor shall serve a copy of the claim of lien on the owner within 15 days after recording the claim of lien. Failure to serve the claim of lien timely shall render the lien voidable to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service.
Failure to serve the recorded Claim of Lien within 15 days does not automatically invalidate the lien. However, it can make the lien voidable—meaning the lien can be challenged and potentially limited or invalidated, but only to the extent that the owner proves they suffered harm or prejudice because of the delay.
Step 7: Enforce the Lien (File a Lawsuit, if Necessary)
Recording your Claim of Lien preserves your right to payment for up to one year from the date of recording. This does not mean you must immediately file a lawsuit.
Practical Reality (Florida Statute §713.22):
In many cases—particularly with new construction projects—a recorded lien encourages prompt payment without litigation. Often, owners or developers resolve outstanding debts when the property is sold, refinanced from a construction loan to permanent financing, or upon project completion, avoiding the need for court action altogether.
Important Deadline to Enforce the Lien:
- Your lien rights are preserved for up to one year from the date you recorded the Claim of Lien.
- If you do not receive payment within that year, you must file a lawsuit (a "lien foreclosure action") before the year ends, or your lien rights become unenforceable.
Statute Quote (§713.22):
“No lien provided by this part shall continue for a longer period than 1 year after the claim of lien has been recorded unless within that time an action to enforce the lien is commenced…”
Critical Exception (Notice of Contest):
- Be aware that property owners can significantly shorten your enforcement timeline by recording and serving a Notice of Contest of Lien. If served with this Notice, you must file a lien foreclosure lawsuit within 60 days or your lien rights will expire (§713.22(2)).
Best Practice:
- Mark your calendar clearly:
- 1-year deadline from the date of recording your Claim of Lien.
- Carefully monitor any notices from the property owner, especially a Notice of Contest of Lien, to ensure you respond promptly and preserve your rights.
Final Thoughts on Filing a Construction Lien in Florida
Filing a construction lien in Florida is a powerful tool for protecting your right to payment, but it requires strict compliance with detailed statutory requirements and deadlines. From serving a timely Notice to Owner (NTO) to recording and enforcing your Claim of Lien, each step must be handled with precision. Even a minor mistake—like missing a deadline or using incorrect language—can render your lien invalid.
This guide is intended to help contractors, subcontractors, and suppliers better understand the lien process under Florida Statute Chapter 713. However, every project involves its own facts, relationships, and legal risks.
When in doubt, take the cautious route: Review recorded documents carefully, track all deadlines, retain proof of service, and stay current with changes in Florida construction law.
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Because lien laws are complex and fact-specific, you should consult a qualified Florida attorney for advice regarding your particular situation.
