Florida’s Construction Lien Act gives contractors, subcontractors, and suppliers a legal claim against real property when they are not paid for work or materials. Depending on which side of the dispute you sit on, the law can either help you collect what you are owed or leave you paying twice for the same job. Our construction law attorneys at August Law have handled commercial construction disputes for over three decades and can explain what it means for your situation.
What Does the Lien Act Mean for Property Owners?
Property owners in Florida can face serious financial exposure under the Construction Lien Act, even after paying their general contractor in full. If the general contractor fails to pass those payments on to subcontractors or suppliers, those parties can still record a lien against property owners and demand payment directly.
Common exposures include:
- A clouded title that blocks refinancing, selling, or transferring the property
- Foreclosure action from a lienor seeking to force a sale
- Loss of the “proper payments” defense when required documents are skipped
- Attorney fees and interest stacking up while the lien sits on the property
In Florida, a property owner who receives a signed Contractor’s Final Payment Affidavit before making final payment may have protection against certain subcontractor lien claims when the owner has paid the amounts properly shown as due, even if the contractor fails to pass those funds along. Obtaining the affidavit and appropriate partial lien releases throughout the payment process can significantly reduce the risk of a larger lien dispute.
Deadlines Contractors and Subcontractors Cannot Miss.
For the party doing the work, the Construction Lien Act offers powerful collection tools, but only if you follow the timing rules with precision. Miss a deadline by even a single day, and your lien rights can vanish, leaving you to chase payment through slower and more expensive channels. Deadlines to track include:
- 45 days from first furnishing labor or materials to serve a Notice to Owner (for parties not in privity with the owner)
- 90 days from your last day of work to record a Claim of Lien in the county’s official records
- 1 year from the recording date to file suit to enforce the lien, unless shortened by a Notice of Contest to 60 days
Under Section 713.08 of the Florida Statutes, the Claim of Lien must be recorded in the county where the property sits, whether Miami-Dade, Broward, Orange, or Hillsborough County. Filing in the wrong county or listing the wrong parcel can void your rights, so our attorneys review every filing before it goes out.
Get Straight Answers on Your Florida Lien Case
August Law, PLLC has focused on commercial litigation for more than 30 years, has recovered millions for clients, and has taken business cases on a contingency fee basis, which means you can move forward without paying legal fees up front. Our attorneys handle Construction Lien Act matters on both sides of the dispute, from property owners seeking to protect their equity to contractors and suppliers seeking to collect on unpaid work.
To find out where your lien situation stands and what the numbers look like, call our office or contact us online to schedule a case review with our commercial litigation team.