Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Florida
Florida
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Florida Quick Overview
| Pursuant Code | Florida Statutes Title XL, Chapter 713 | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| FL Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Claimant's name, address, description of materials/services provided, legal property description, owner's name | |
| Prelien Minimum Notifications | Owner, General Contractor, Lender | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Florida by Role
Mechanic's Liens in Florida
In Florida, a mechanics lien may be filed by a contractor, subcontractor, or material supplier who has not been paid for labor or materials furnished to a private project. A Notice to Owner (NTO) must be served within 45 days from first furnishing labor or materials (or from the date specially fabricated materials are commenced), and the Claim of Lien must be recorded within 90 days of last furnishing. The lien must be served on the owner within 15 days of recording. An action to foreclose the lien must be filed within one year of recording, unless shortened by an owner’s Notice of Contest (60 days) or Summons to Show Cause (20 days). A Final Contractor's Affidavit is required before foreclosing, except for material suppliers contracting directly with the owner.
Bond Claims in Florida
For public projects in Florida, claimants must generally serve a Notice to Contractor within 45 days of first furnishing labor or materials to the project. The deadline to serve the claim on the payment bond is typically within 90 days of final furnishing. A lawsuit to enforce the bond claim must be filed within one year of last furnishing labor or materials to the project. Bond rights are governed under Florida Statutes §713.23 for payment bonds on public works.
Construction Lien Waivers in Florida
Required Format: Florida is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Florida does not require waivers to be notarized.
Florida's statutory forms must be used as-is, without adding provisions, as altering the language poses significant legal risks and may result in penalties for using non-compliant forms.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Florida counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Florida
Frequently Asked Questions (FAQs) on Florida Lien Processes for Contractors
Who must send a Notice to Owner (NTO) in Florida?
Subcontractors, material suppliers, and lower-tier parties must serve a Notice to Owner within 45 days of first furnishing labor or materials to preserve lien rights. Prime contractors are generally exempt unless required by contract.
When is the deadline to file a Claim of Lien in Florida?
A Claim of Lien must be recorded within 90 days of the last day labor or materials were furnished to the project.
Can a Notice to Owner be sent early in Florida?
Yes. A Notice to Owner can be sent before work begins and is encouraged to protect rights from day one, but it must still be served within the 45-day deadline.
What happens if the owner records a Notice of Contest of Lien?
If a Notice of Contest of Lien is recorded, the lien claimant must file a lawsuit to enforce the lien within 60 days or the lien is extinguished.
What is required before a contractor can foreclose a lien in Florida?
The contractor must deliver a Final Contractor’s Affidavit to the owner at least 5 days before initiating a foreclosure action.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
