Mechanic’s liens in Florida: Guide for contractors and subcontractors

Real Estate Litigation

November 17, 2024

Mechanic’s liens in Florida: Guide for contractors and subcontractors

Florida Mechanic’s Lien Attorney | Construction Lien Filings, Notices, and Lien Enforcement

Mechanic’s liens play a crucial role in the construction industry in Florida. This powerful legal tool helps contractors, subcontractors, and suppliers secure payment for work performed or materials provided on a construction project. Whether you are pursuing payment or responding to a lien filed against your property, understanding how Florida’s lien process works—and the deadlines that control it—can protect your rights and your bottom line.

Need help with a Florida mechanic’s lien? Call (727) 275-9575 to speak with Bernhardt Riley, Attorneys at Law, PLLC.

What Is a Mechanic’s Lien?

A mechanic’s lien is a legal claim filed against a property when someone has not been paid for work performed or materials provided in connection with construction. In Florida, mechanic’s liens give contractors, subcontractors, and suppliers a method to pursue payment for improving property. A lien can potentially lead to a forced sale of the property to recover what is owed.

Who Can File a Mechanic’s Lien in Florida?

Florida’s Construction Lien Law outlines specific rights and responsibilities for construction workers, including the right to receive payment for their services. Parties who may have lien rights include:

  • Direct contractors
  • Subcontractors
  • Material suppliers
  • Laborers who are not in direct contract

Key Steps and Deadlines in the Florida Lien Process

Florida lien rights are highly deadline-driven. Missing a required step can jeopardize the lien and your leverage in a payment dispute.

1) Notice to Owner (45 Days)

To complete a lien, you must let the property owner know you’re involved on the project. This typically involves sending a Notice to Owner within 45 days of starting work or delivering materials. Subcontractors and material suppliers to subcontractors must also serve a copy of the notice to the contractor.

2) Claim of Lien (90 Days)

If payment is not received, the lienor must file a Claim of Lien with the county clerk’s office within 90 days of the last day of work or material delivery. The claim of lien must include details such as the amount owed, the services or materials provided, and a description of the property.

3) Lawsuit to Enforce the Lien (1 Year)

If the debt remains unpaid after the lien is recorded, the lienor can initiate a lawsuit to enforce the lien within one year of recording the claim.

Why Legal Guidance Matters in Mechanics Lien Cases

Navigating the mechanic’s lien process in Florida can be challenging. The process involves strict deadlines and specific documentation requirements, and a minor mistake can invalidate a lien claim. For that reason, seeking assistance from an experienced construction law attorney is often advisable for both lien claimants and property owners.

Talk to a Florida Mechanic’s Lien Attorney

Mechanic’s liens are a vital part of Florida’s construction industry, providing security for payment to those who improve property. Whether you’re a contractor, subcontractor, supplier, or property owner, understanding lien requirements and acting promptly can help protect your interests.

Contact Bernhardt Riley, Attorneys at Law, PLLC at (727) 275-9575 or use our online contact form to discuss your situation.