How to Ensure Your Construction Lien/Mechanics Lien Was Filed Correctly in Florida

In this article, we will help you with how to confirm if your lien meets Florida’s legal requirements, ensuring your rights are protected.

Understanding Construction Liens in Florida

A construction lien, also called a mechanic’s lien, is a legal claim against a property for unpaid labor, materials, or services provided during a construction project. Florida’s lien laws, outlined in Chapter 713 of the Florida Statutes, have strict rules regarding timelines, notices, and documentation. Failing to comply with these rules can lead to a lien being dismissed.

Steps to Verify Your Construction Lien

Step 1 - Confirm That Your Lien Was Properly Filed

• Check with the Clerk of Court: The first step is to confirm that your lien has been officially recorded. Visit the Clerk of the Circuit Court's office in the county where the property is located or check their online records.

• Verify Document Receipt: If you mailed your lien for recording, ensure that it has been processed and appears in public records.

Step 2 -  Review Your Lien for Accuracy

A valid lien must contain precise details. Double-check the following elements:

• Claimant Information: Ensure your name or your business name is correctly spelled and matches any relevant contracts.

• Legal Property Description: A simple address may not be sufficient; confirm that you’ve included the correct legal description.

• Work and Material Details: Specify the type of work performed or materials supplied and the dates they were provided.

• Correct Claim Amount: Overstating the amount owed can lead to a fraudulent lien claim and potential penalties. Also note, the lien amount cannot be for future work. It can only include work performed or materials provided.

Step 3 - Verify That Notice Requirements Were Met

• Notice to Owner (NTO): If you do not have a direct contract with the property owner, Florida law requires that you send a Notice to Owner within 45 days of starting work or supplying materials.

• Timely Service: Confirm that all required notices were sent within legal deadlines. They must typically be sent via certified mail with return receipt requested.

Step 4 - Ensure Your Lien Was Filed Within the Legal Timeline

• 90-Day Rule: Your lien must be recorded within 90 days from your last day of work or delivery of materials. To avoid last-minute issues, aim to file within 60 days.

• Lien Validity Period: Once recorded, your lien remains valid for one year. If you do not initiate foreclosure proceedings within this period, your lien will expire and be unenforceable.

Step 5 - Check for Common Filing Errors

Even minor mistakes can invalidate your lien. Watch out for these common errors:

• Incorrect or Missing Information: Any missing or incorrect details, such as an incorrect property description, could void your lien.

• Failure to Notify the Right Parties: If notices were not sent to all legally required parties, your lien may be challenged.

• Inflated Claim Amounts: Overstating what you’re owed can lead to legal repercussions, including penalties or dismissal of the lien.

Final Thoughts

Verifying your construction lien ensures that it remains valid and enforceable under Florida law. If you discover any discrepancies or are unsure whether your lien was filed correctly, consult with a construction law attorney. Taking proactive steps now can protect your right to collect payment and prevent costly legal battles down the road.

Common Questions Contractors Ask

1. How can I check if my construction lien has been recorded?
   You can verify your lien by checking the public records at the Clerk of the Circuit Court’s office in the county where the property is located or searching online if the county provides digital records.

2. What details must be included in a valid construction lien?
   Your lien should include your name or business name, a legal description of the property, the work performed or materials supplied, the dates of service, and the amount owed.

3. What happens if I miss the deadline to file my lien?
   If you fail to file within Florida’s 90-day deadline from the last day of work, you lose your right to enforce the lien, and you may not be able to recover unpaid amounts.

4. Do I need to send a Notice to Owner (NTO) before filing a lien?
   Yes, if you are not directly contracted with the property owner, Florida law requires you to send a Notice to Owner within 45 days of starting work or delivering materials.

5. How long does a construction lien remain valid in Florida?
   Once recorded, a construction lien is valid for one year. If you do not file a lawsuit to enforce it within that time, the lien becomes unenforceable.

6. Can a construction lien be challenged or removed?
   Yes, property owners can contest a lien if they believe it is invalid. Common reasons for lien disputes include incorrect amounts, missing documentation, or improper notice filing. If a lien is contested, your deadline to file suit moves from 12 months to 60 days.

7. What are the most common mistakes that invalidate a lien?
   Errors such as incorrect property descriptions, overstated claims, missed deadlines, and failing to notify the right parties can result in an unenforceable lien.

8. What should I do if my lien has errors?
   If you discover mistakes in your lien, consult with a construction attorney immediately. You may need to correct and refile it, but timing and legal guidance are crucial.

9. How can I enforce my construction lien and get paid?
   If the property owner does not pay, you must file a lawsuit within one year of recording the lien to enforce it and recover your payment. Consulting a legal expert can help ensure proper enforcement.