Working on a construction project in Florida can involve many parties, from general contractors to suppliers. When someone does not receive payment, Florida construction lien laws provide a legal way to protect the right to get paid.
Understanding how to use these laws can help avoid serious losses for you or your business.
What Are Florida’s Construction Lien Laws?
A construction lien is a legal claim against the property where the work took place. Florida construction lien law allows contractors, subcontractors, material suppliers, and certain other professionals to file a lien if they do not receive payment. To make use of this right, there are crucial steps to follow within specific time limits.
The first step is sending a Notice to Owner (NTO). This must happen within 45 days of starting work or delivering materials. The NTO lets the property owner know that someone is working on the project and may file a lien if payment does not come through. General contractors do not need to send an NTO, but other involved parties usually do.
If payment still does not happen, the next step is to file a Claim of Lien. Florida law requires this to happen within 90 days of the last day of work or delivery of materials. The lien must include important details like the amount owed, the work performed, and the property description. After filing the lien, a copy must go to the property owner within 15 days.
How Do You Enforce a Construction Lien?
The lien does not stay active forever. To enforce the lien and seek payment, the lienholder must start a lawsuit within one year of the filing date. In some cases, the property owner may shorten this deadline by filing a Notice of Contest, which reduces the time to 60 days.
Failing to follow these steps can result in losing the right to payment. Timing, accuracy, and proper service all matter. Florida courts will remove a lien if it does not meet legal standards. By following the rules, construction professionals can protect their interests and avoid walking away from a project empty-handed.