Fort Lauderdale Construction Lien Lawyer

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.

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:

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 claims
• Equitable lien theories
• Unjust enrichment
• Quantum meruit (payment for the reasonable value of work performed)