Construction projects do not always always go as planned. In Florida, contractors, subcontractors, suppliers, and laborers may have the right to file a construction lien against a property if they claim they were not paid for work or materials provided to improve the property.
Because construction liens can affect title to your home and lead to litigation or foreclosure proceedings, homeowners should understand the basic lien process under Florida law.
What Is a Construction Lien?
A construction lien is a legal claim recorded against real property to secure payment for construction-related services or materials. Florida’s Construction Lien Law is found in Chapter 713, Florida Statutes.
Importantly, homeowners can sometimes face lien claims even if they already paid the general contractor in full, particularly if subcontractors or suppliers were not properly paid.
The Notice to Owner
In many residential projects, subcontractors and suppliers who do not have a direct contract with the homeowner must serve a “Notice to Owner.”
This notice informs the homeowner that the sender is providing labor, services, or materials to the project and may assert lien rights if unpaid.
Receiving a Notice to Owner does not necessarily mean there is a payment dispute. However, homeowners should take such notices seriously and keep careful records of all payments made on the project.
Recording the Claim of Lien
If payment disputes arise, a contractor or subcontractor may record a Claim of Lien in the county public records where the property is located.
Generally, a lien must be recorded within 90 days after the lienor’s final furnishing of labor or materials to the project.
The recorded lien may cloud title to the property and can interfere with refinancing or sale of the home.
Lien Foreclosure Lawsuits
After recording the lien, the lienor must typically file a lawsuit to foreclose the lien within one year of recording it, unless the deadline is shortened through statutory procedures.
A lien foreclosure action may seek sale of the property to satisfy the alleged debt.
Homeowners may have defenses available, including challenges to the validity of the lien, compliance with statutory requirements, defective work claims, payment disputes, or improper notice.
Protecting Yourself During a Construction Project
Homeowners can reduce lien risks by:
- Using written contracts;
- Verifying contractor licensing and insurance;
- Requesting lien waivers with payments;
- Tracking subcontractors and suppliers; and
- Carefully reviewing Notices to Owner.
In many cases, proactive project management and documentation can help avoid costly disputes later.
How Our Firm Can Help
Our firm assists homeowners with construction lien disputes, lien foreclosure defense, contractor disputes, and construction-related litigation throughout Florida.
Whether you are dealing with a recorded lien, payment dispute, defective construction claim, or questions about your rights under Florida’s Construction Lien Law, early legal guidance can help protect your property and position you for an effective resolution.