# Construction Lien Fort Lauderdale Construction Lien Lawyer ## Protecting What You've Built. Fighting for What You're Owed. [Get a Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) - Palm Beach County - Broward County - Miami-Dade County Case Results ## Our Lien Case Results [View All Case Results](https://gpacmpdev.wpenginepowered.com/cases/) - Edmondson v. Tri-County Electric Services - Successful Lien Foreclosure Defense - Deluca v. Schicker - Successful Lien Foreclosure Defense - Philemond v. Advanced Construction & Remodeling by Rulx - Successful Lien Foreclosure Prosecution - Edmondson v. Tri-County Electric Services - Successful Lien Foreclosure Defense - Deluca v. Schicker - Successful Lien Foreclosure Defense ## Florida’s Construction Lien Law: Chapter 713 Overview Florida’s construction lien statute (Chapter 713 of the Florida Statutes) is one of the most technical and unforgiving areas of Florida real estate law. Courts interpret it strictly, so the paperwork and timing matter as much as the underlying dispute. ### Who Can File a Construction Lien in Florida? Lien rights generally extend to: - General contractors - Subcontractors and sub-subcontractors - Laborers - Material suppliers (“materialmen”) - Design professionals (architects, engineers, surveyors) under certain conditions ### Who Doesn’t Have Lien Rights - **Unlicensed contractors** — a contractor who was required to be licensed for the work performed generally has no lien rights if unlicensed at the time - Some suppliers who sold materials to another supplier, rather than directly to the job (in most circumstances) - Anyone who didn’t serve a timely Notice to Owner when one was required ## Florida Construction Lien Deadlines You Can’t Afford to Miss ### Notice to Owner — 45 Days If you’re not in direct contract with the property owner (a subcontractor or supplier, for example), Florida Statute §713.06 generally requires you to serve a Notice to Owner within 45 days of first furnishing labor or materials. Miss this window, and you can lose your lien rights entirely, even if you were never paid. ### Recording the Claim of Lien — 90 Days Under §713.08, a Claim of Lien must be recorded no later than 90 days after you last furnished labor, services, or materials to the project. It generally must be served on the owner within 15 days after recording. ### Enforcing (Foreclosing) the Lien — 1 Year A recorded lien doesn’t last forever. Under §713.22, a lien generally expires one year after it’s recorded unless you file a foreclosure lawsuit to enforce it. If the property owner records a Notice of Contest of Lien, that window can shrink to as little as 60 days. [Schedule Your Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) - Missed Deadlines Don't Get Second Chances - Whether you're racing to protect your right to be paid or trying to stop a lien that was filed too late, Chapter 713's deadlines don't bend for anyone. The sooner we use our advanced knowledge to review your situation, the more options you have. ## How to File and Perfect a Construction Lien in Broward County 1. **Confirm the project’s Notice of Commencement** and identify the correct parties to notify; 2. **Serve a Notice to Owner** within 45 days of starting work, if required for your position on the job; 3. **Track your final furnishing date** — this starts the 90-day clock for recording a Claim of Lien; 4. **Prepare and record the Claim of Lien** with the Broward County Clerk of Courts, with an accurate legal description and amount owed; 5. **Serve the recorded lien on the property owner** within the required window; 6. **File a foreclosure lawsuit** within one year (or sooner, if a Notice of Contest is served) to enforce the lien. Every one of these steps has a deadline attached — and Florida courts don’t give much grace for a missed one. ## Enforcing a Lien: Foreclosure & Getting Paid Recording a lien is only half the battle. But you must enforce it to recover payment. Michael Garcia, P.A. handles lien foreclosure litigation from filing through trial, including: - Foreclosure lawsuits to enforce unpaid liens - Recovery of amounts owed, costs, and prejudgment interest - Pursuing prevailing-party attorney’s fees under §713.29, where available - Responding to a Notice of Contest of Lien before the shortened deadline runs ## If You’re the Property Owner: How to Remove or Contest a Lien A lien on your property doesn’t mean the claim is valid, and Florida law gives owners real ways to push back: Recording a Notice of Contest under §713.22 shortens the lienor’s time to file a foreclosure suit to 60 days. If they miss it, the lien is extinguished automatically. - Notice of Contest of Lien Under §713.24, a lien can often be “bonded off,” which is transferring the claim from your property to a bond or cash deposit, clearing your title while the underlying dispute is resolved. - Transfer the Lien to a Bond Under §713.16, an owner can require the lienor to provide a sworn, itemized statement of the amount actually owed. This is useful when a lien appears inflated. - Demand a Sworn Statement of Account Under §713.31, a lien that willfully includes a claim for work not performed or knowingly overstates the amount owed may be challenged as fraudulent, which can expose the lienor to losing the lien entirely. - Fight a Fraudulent or Exaggerated Lien - The Notice to Owner was never served, or was served late - The Claim of Lien was recorded outside the 90-day window - The legal description or lien amount is defective - The contractor was unlicensed for work that required a license - Other Common Defenses ## Lien Waivers, Releases & the Notice of Commencement Before money changes hands on a project, the paperwork matters just as much as the payment. We help contractors, owners, and lenders with: - Partial and final lien waivers and releases under §713.20 - Reviewing a Notice of Commencement for accuracy before work begins - Contractor’s Final Payment Affidavits - Making sure a release doesn’t sign away more than intended ## When Lien Rights Are Gone: Other Ways to Get Paid Missing a lien deadline doesn’t always mean the underlying debt disappears. Depending on the facts, we can pursue: - [Breach of contract](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-contract-dispute-lawyer/) claims - Equitable lien theories - Unjust enrichment - Quantum meruit (payment for the reasonable value of work performed) ## Free Consultation, Response in Under an Hour. [Schedule Your Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) Client Voices ## Featured Testimonials Our Firm ## Why Hire Michael Garcia, P.A. Michael Garcia, P.A. was founded in 2015 on a simple idea: fight aggressively for clients, communicate honestly every step of the way, and never lose sight of the people behind the case. Founding attorney Michael Garcia brings a combination of courtroom and public-sector experience that’s genuinely uncommon in South Florida construction litigation. With over 250 trials, he also has extensive experience from his time as assistant city attorney for Miramar and Lauderdale Lakes, city attorney for North Lauderdale, special counsel for the Town of Pembroke Park, and outside counsel to the Broward Sheriff’s Office. He also taught Construction Law at Broward College. That combination specifically matters in construction lien issues: municipal and construction-law experience means we understand both the paperwork side of Chapter 713 and how these disputes actually play out in front of a judge. Michael personally handles most client consultations, reviews the facts, is direct about whether a case is worth pursuing, and explains costs before anything moves forward. Michael Garcia, P.A., has built one of the most active construction and business litigation practices in Broward, Palm Beach, and Miami-Dade counties, with a no-nonsense approach focused on results and a commitment to keeping clients informed throughout. [About Us](https://gpacmpdev.wpenginepowered.com/about-us/) [Michael Garcia](https://gpacmpdev.wpenginepowered.com/about-us/michael-garcia/) Founding attorney Our Team [Nandani Anjalie Deokarran](https://gpacmpdev.wpenginepowered.com/about-us/nandani-anjalie-deokarran/) - Nandani Anjalie Deokarran - Associate attorney [Cedric Small](https://gpacmpdev.wpenginepowered.com/about-us/cedric-small/) - Cedric Small - Associate attorney [Maria H. Jacome](https://gpacmpdev.wpenginepowered.com/about-us/maria-h-jacome/) - Maria H. Jacome - Senior Paralegal | Colombian Attorney [Marta Khaleel](https://gpacmpdev.wpenginepowered.com/about-us/marta-khaleel/) - Marta Khaleel - Paralegal / Legal Assistant [Tasha Gordon](https://gpacmpdev.wpenginepowered.com/about-us/tasha-gordon/) - Tasha Gordon - Paralegal / Office manager Areas We Serve ## Areas We Serve Michael Garcia, P.A., proudly represents property owners in construction lien disputes throughout South Florida. FAQ ## Frequently Asked Questions About Florida Construction Liens Generally, contractors, subcontractors, sub-subcontractors, laborers, material suppliers, and certain design professionals who provided labor, services, or materials to improve real property. - Who can file a construction lien in Florida? If you’re not in direct contract with the property owner, Florida law generally requires you to serve a Notice to Owner within 45 days of first providing labor or materials in order to preserve lien rights. - What is a Notice to Owner, and do I need to send one? Generally, no later than 90 days after you last furnished labor, services, or materials to the project. - How long do I have to record a Claim of Lien in Florida? Generally one year from the recording date, unless a foreclosure lawsuit is filed to enforce it — or as little as 60 days if the owner records a Notice of Contest of Lien. - How long does a construction lien last once it's recorded? Depending on the facts, options can include recording a Notice of Contest of Lien, transferring the lien to a bond, demanding a sworn statement of account, or challenging the lien as fraudulent or improperly filed. - I'm a property owner — how do I get a lien removed from my property? A contractor who was required to hold a license for the work performed generally has no lien rights if they were unlicensed when the work was done. - What if my contractor wasn't licensed? You’re not required to have one, but Chapter 713 is strict and technical — a single missed deadline or paperwork error can forfeit lien rights entirely (for a lienor) or leave a legitimate lien in place longer than necessary (for an owner). - Do I need a lawyer to file or fight a construction lien? **Yes.** We offer a free initial consultation to review your situation. If we take on your case, billing is hourly from that point forward, and we discuss the fee structure with you upfront. - Is my initial consultation really free? We bill hourly and can offer flexibility with monthly payments so long as the balance stays within an agreed threshold — we’ll walk through the specifics during your free consultation. - What does it cost to work with Michael Garcia, P.A. on a lien matter? Take the Next Step ## Let Us Protect What's Yours A lien doesn't wait, and neither should you. Whether you're trying to get paid or trying to get a lien off your title, reach out today for a free consultation. We respond to new inquiries in under an hour during business hours. - Serving Broward, Palm Beach, and Miami-Dade counties. - Se habla español. - FIRST NAME - LAST NAME - PHONE - Email - HOW CAN WE HELP? - Website --- Michael Garcia, P.A. — [https://gpacmpdev.wpenginepowered.com/fort-lauderdale-construction-lien-lawyer/](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-construction-lien-lawyer/)