Construction lien laws in Florida were designed to protect contractors just like you. Here’s a common scenario. You’ve just wrapped up a project. You’ve invested your blood, sweat, and tears into it. It dragged on for months (maybe even years), and you’ve put an insurmountable amount of time, resources, and grit into making sure everything is completed to the best of your ability. You’ve dotted every i, and crossed every t.
But weeks go by, and payment from the owner still hasn’t hit your account. It’s frustrating, to say the least.
In fact, a survey by Quickbooks, Time, and Levelset found that the construction industry faces payments slower than any other industry (83 days, on average!). This is especially frustrating when you consider the ripple effect that delayed payments have; it’s estimated that 57% of general contractors have experienced work delays or stoppages due to delayed payments in 2023.
To make the most of these rights, you need to follow the rules closely, beyond any room for error. Construction lien laws in Florida give you tools to claim the payments you’ve worked so hard to earn.
At Bachara Construction Law Group, we’re here to help. We specialize in helping contractors in Florida understand and apply these legal principles to protect their payment rights and avoid costly mistakes.
We’ll walk you through key information you need to know about construction lien laws in Florida, all from a top construction litigation lawyer with trial experience, from critical deadlines to filing a valid lien, so you can move forward with confidence.
Notice to Owner Within 45 Days of First Work
If you don’t have a direct contract with the owner, you will need to send the statutory Notice to Owner form to the owner before beginning work or within 45 days of first work on the project.
The 90-Day Deadline: Why It Matters So Much
Lien laws in Florida revolve around tight deadlines that must be met, without exception. One of the most important is the 90-day deadline to file a claim of lien.
This timeline begins the day after your last substantive work on a project. But what, exactly, does that mean, and when does the clock start ticking?
What Counts as Substantive Work?
The last day of substantive work is the day you’ve completed all the critical tasks that fulfill your contract.
Tasks like punch list corrections, minor touch-ups, or final inspections don’t count as substantive work. The courts have applied this distinction clearly, and any misinterpretation could cost you your lien rights.
For example, if the last major task of your contract is painting a room, that day, when the work has been completed, marks the start of your 90-day deadline. Any small work left afterward, like touch-up paint or other punch list work, will not reset the clock.
Again, substantive work is labor and services that are contractually required to complete the project’s agreed scope. It might include things like:
- Installing roofing
- Laying flooring
- Completing electrical wiring
These tasks are critical for finishing the contract and meeting the deliverables owed to the owner. Tasks that are minor in nature, like punch list corrections or cosmetic adjustments, do not extend your timeline.
The Risks of Misinterpreting the Deadline
Now, why do you need to be so conservative with your timeline? It’s simple: if you miss the 90-day window, there are no second chances. Your lien rights will be permanently lost.
In fact, we’ve seen contractors lose out on rightfully owed payments purely because they misunderstood what marks their last day of work.
Because of this, it’s always better to err on the side of caution. If you’re not sure what date to go by, ask your construction lawyer to clear things up for you (and do this sooner, rather than later).
It’s also important to note that courts don’t look favorably on contractors attempting to manipulate this rule. For example, showing up at the site one day to take a photo for documentation or claiming leftover materials were delivered to extend the clock can backfire. Such actions can hurt your credibility in court.
Filing a Claim of Lien: What You Need to Know
Once you’ve identified the proper timeline, the next step is to record your claim of lien in the appropriate public record. This document essentially preserves your legal right to payment if an owner fails to pay what’s owed.
The claim of lien must include a few specific details, namely:
- Owner Information: The legal name and details of the property owner.
- Property Description: The accurate property address or legal description.
- Scope of Work: Details outlining the services or work the contractor agreed to perform.
- Dates of Work: The first and last substantive day of work on the project.
- Payment Details: Such as the total contract price, amount already paid, and amount remaining unpaid.
Review this information carefully, as any errors here (especially in dates or payment totals) can make your lien invalid or open you up to disputes and possibly a claim for damages incurred by the owner.
Even small mistakes, like spelling errors in the property owner’s name, can lead to rejection or costly litigation. Worse, filing incorrect information could result in penalties. Double-checking all facts before filing is a necessity, and professional legal guidance from a construction lien lawyer like Bachara Construction Law Group will guarantee you get it right the first time.
Avoiding the Pitfalls of a Fraudulent Lien
While liens are designed inherently to protect contractors, there’s also an important line you don’t want to cross: filing a lien with inflated or false amounts.
Under Florida law, a fraudulent lien is one that intentionally inflates amounts owed or claims amounts that you have no contractual right to. Even honest mistakes can be interpreted as fraudulent if they suggest negligence or dishonesty.
Worryingly, filing a fraudulent lien can lead to significant consequences, such as invalidating the lien entirely, reimbursing the property owner’s legal fees, or paying punitive damages.
If there’s any kind of billing dispute (such as on a change order), stay conservative in your lien amount. Avoid guesses or estimates. If you’re not sure, consult with a lawyer for contract disputes in Florida so you can calculate an accurate, defensible lien amount and protect yourself from potential allegations of fraud.
The Contractor’s Final Affidavit: Don’t Skip This Step!
Before you can move on to foreclose on a lien, there’s one more step: serving the contractor’s final affidavit.
This affidavit is a sworn document that outlines all unpaid subcontractors and suppliers. The law requires it to ensure that everyone who worked on the project has a chance to be paid.
The contractor’s final affidavit must be served at least five days before filing a lawsuit to foreclose on your lien. Missing this step, even by a single day, can invalidate your lien entirely.
Unfortunately, contractors often hesitate to disclose unpaid subs or suppliers, fearing that the owners may bypass them entirely. However, Florida law allows owners to pay these parties directly to protect themselves from liability.
The bottom line here is this: the affidavit is critical in providing transparency and compliance with lien laws. You just can’t skip it.
Why You Need a Construction Lawyer
As you can see, dealing with Florida’s lien laws can be challenging. The deadlines and requirements are unforgiving, with one small misstep leading to a major loss.
A construction lawyer does much more than prepare paperwork, and can instead help with many other aspects of how you run your business. For example, when it comes to lien laws, Florida construction lawyers can assist with:
- Deadline Management: Ensuring you meet every key requirement.
- Dispute Resolution: Advising on billing disagreements or negotiating settlements.
- Foreclosure Strategy: Approaching lawsuits in a way that optimizes your chance of recovery.
At Bachara Construction Law Group, we’ve built our reputation on helping contractors throughout Florida protect their payment rights. From providing guidance on compliance to representing you in litigation, our team fights hard to make sure you don’t lose what you’ve rightfully earned.
Take Control of Your Payment Rights Today
Construction lien laws in Florida can be your strongest ally, but only if you follow them to the letter of the law.
To recap: always remember to file your lien within 90 days of substantive work, and have a solid understanding of what qualifies as substantive work so you can avoid any mistakes. Prepare an accurate claim of lien with all required details and be sure to serve the contractor’s final affidavit on time. Perhaps most importantly, always avoid overstated claims of lien. It’s just not worth the risk.
Never leave your payment rights to chance. If you’re facing unpaid work (or worried about it haunting you in the future), don’t wait until it’s too late. Reach out to Bachara Construction Law Group today.
You’ve worked hard for your money, and we’re here to help you get it.
Enjoyed this post?
If you enjoyed this post, sign up below to get future content delivered right to your inbox—no spam, just thoughtful insights and practical ideas.