Construction Liens

If you have not been paid, a Florida mechanics lien must be enforced through a lien foreclosure action within 1 year from the date on which the lien was recorded. If no action is taken within the one-year timeframe, then the lien claim will expire and no longer be enforceable.

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A construction lien or mechanic’s lien protects contractors, subcontractors and suppliers from non-payment if they have provided labor or materials to a construction project.

Here are the steps involved in filing a construction lien:

• Send a Notice to Owner (NTO): If you don’t have a direct contract with the property owner, send an NTO within the specified deadlines to preserve your right to file a lien.

• Prepare the Lien Document: Use the correct form for the lien, ensuring it meets Florida’s legal requirements. Obtain the form as per Florida Statute 713.08.

• Determine the Last Day on the Job: You have 90 days from the last day you provided labor or materials to record the lien. Aim to file within 60 days for timely recording.

• Choose the Correct County for Recording: Record the lien in the county where the work was performed, such as Miami-Dade County for work done in Miami Beach.

• Mail the Lien: Send the recorded lien by certified mail to all relevant parties within 15 days of recording to avoid invalidation.

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A construction lien is a claim filed against a property by a contractor or subcontractor who has not received payment for their work. These liens are intended to safeguard professionals against the risk of non-payment for their services.

A construction lien is usually filed with the county clerk where the project is located. While paperwork and filing requirements vary by state, they generally involve detailing the work performed, specifying the unpaid amounts, and attaching copies of contracts and any required notices.

Construction liens and mechanic’s liens are the same. Both are legal claims made by contractors, subcontractors, or suppliers to get paid for their work or materials.