What is Florida's Construction Lien Law?

It is Chapter 713 of the Florida Statutes, which gives contractors, subcontractors, laborers, and material suppliers the right to place a lien on real property when they are not paid for improvements. It works through a system of notices and deadlines — the Notice of Commencement, Notice to Owner, claim of lien, and suit to foreclose — and is strictly construed by Florida courts, so missing a deadline usually forfeits lien rights.

What is a Notice of Commencement?

Under §713.13, it is the document an owner records in the public records and posts at the job site before work begins. It identifies the owner, the property, the improvement, and the contractor, and designates where lienors send notices. It is effective for one year unless stated otherwise and becomes void if the improvement is not actually begun within 90 days of recording. Liens for the work generally relate back to its recording date for priority.

How long does a lienor have to record and enforce a lien?

A claim of lien must be recorded within 90 days after the lienor's final furnishing of labor, services, or materials. After recording, the lienor generally has one year to file suit to foreclose the lien, unless the owner shortens that period through a statutory procedure such as a notice of contest. Missing either deadline forfeits the lien, because Florida courts strictly construe the statute.

What does "paying twice" mean?

It refers to the risk that an owner who pays the general contractor in full can still be liened by an unpaid subcontractor or supplier, forcing the owner to pay a second time to clear the lien. This happens when the general contractor collects the owner's money but fails to pay downstream lienors. Owners avoid it by collecting lien releases with every payment and requiring the contractor's final affidavit before final payment.

How does an owner avoid construction liens?

By managing payments defensively: obtaining written lien releases or waivers from the contractor and each subcontractor and supplier with every progress payment, tracking the Notices to Owner received so no lienor is missed, and requiring the contractor's final affidavit listing everyone owed before making final payment. These steps use the statute's own notice system as a checklist of exactly who must sign a release before money is disbursed.

Florida Construction Lien Law (Chapter 713) Explained

TL;DR

Florida's Construction Lien Law, Chapter 713 of the Florida Statutes, lets contractors, subcontractors, laborers, and material suppliers place a lien on real property when they are not paid for improvements — and it can force an owner to pay twice if the owner is careless about how payments flow. The system is built around a few key documents. The owner (or the owner's lender) records a Notice of Commencement under §713.13 before work begins; it identifies the job, the owner, the contractor, and where lienors should send notices, and it is void if the improvement is not actually begun within 90 days. Subcontractors and suppliers who do not have a direct contract with the owner must serve a Notice to Owner early in the job to preserve their lien rights. A lienor who is not paid records a claim of lien, which under Florida law must be recorded within 90 days after the lienor's final furnishing of labor or materials, and then has one year to file suit to foreclose the lien unless that period is shortened. The law is strictly construed, so missing a deadline usually forfeits lien rights. The central risk for owners is "paying twice": if an owner pays the general contractor but the contractor fails to pay a subcontractor, the unpaid subcontractor can still lien the property, so owners protect themselves by collecting lien releases with each payment.

Why the Construction Lien Law exists

Chapter 713 balances two interests: making sure the people who improve real property actually get paid, and protecting owners from hidden or duplicate liability. Improvements to land — construction, remodeling, materials — add value, and the law gives the people who provide that labor and material a security interest in the property itself if they are not paid. Without it, a subcontractor stiffed by a general contractor would have no efficient recourse against the property that benefited from the work.

The tradeoff is that owners must be careful. Because subcontractors and suppliers the owner may never meet can acquire lien rights, an owner who simply hands money to the general contractor without confirming that everyone downstream got paid can end up liable a second time. The statute is a detailed set of notices and deadlines designed to keep this balance workable, and Florida courts construe it strictly. For how these lien rights interact with the warranties a seller makes about clear title, see our guide to statutory deed warranties.

The Notice of Commencement

The first document in the process is the Notice of Commencement, governed by §713.13. Before starting the improvement, the owner records this notice in the county's public records and posts a copy at the job site. It states who the owner is, describes the property and the improvement, identifies the contractor and any surety, and designates where lienors should send required notices.

The Notice of Commencement is important for priority: liens for the improvement generally relate back to the date it is recorded, which affects how construction liens rank against other interests such as a mortgage. It is effective for one year unless a different period is stated, and if the improvement described is not actually commenced within 90 days after recording, the notice is void. In the building-permit context, §713.135 requires the applicant to file a copy of the recorded Notice of Commencement with the issuing authority before the first inspection when the direct contract is greater than $5,000; a separate exception applies for repair or replacement of an existing heating or air-conditioning system when the direct contract is less than $15,000. The notice itself is not a lien, but it puts the world on notice that lien claims may follow. For how recording and priority operate more generally in Florida, see our guide to the Marketable Record Title Act.

The Notice to Owner

The document that most often trips up subcontractors is the Notice to Owner. A lienor who does not have a direct contract with the owner — a subcontractor, sub-subcontractor, or material supplier not in privity, though not a laborer, who is exempt under §713.06(2)(a) — must serve the owner with a Notice to Owner to preserve lien rights, generally before or within 45 days of first furnishing labor or materials. The notice tells the owner that this lienor is working on the project and may claim a lien if unpaid.

This is the mechanism that lets an owner know who is downstream of the general contractor. The Notice to Owner statute contains a statutory warning to owners that must be included, printed in the mandatory language the law prescribes:

WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.

That warning captures the whole point of the notice system: it exists so owners can track who must be paid and collect releases accordingly. For the broader set of things a seller must tell a buyer about a property's condition and encumbrances, see our guide to seller property disclosure requirements.

Document	Who / when
Notice of Commencement (§713.13)	Owner records before work; void if work not begun within 90 days
Notice to Owner	Lienor not in privity; generally within 45 days of first furnishing
Claim of lien	Recorded within 90 days of final furnishing
Suit to foreclose lien	Within one year of recording the claim of lien (unless shortened)

Recording and enforcing the lien

If a lienor is not paid, the next step is recording a claim of lien in the county records. Under Florida law, the claim of lien must be recorded within 90 days after the lienor's final furnishing of labor, services, or materials to the job. Recording within that window is essential — a claim recorded late is invalid, and because the statute is strictly construed, courts do not forgive missed deadlines.

Recording the lien is not the end; the lienor must then enforce it. A construction lien must be foreclosed by filing suit within one year after the claim of lien is recorded, unless that period is shortened by the owner through a statutory procedure such as a notice of contest, which cuts the time to file suit dramatically. If the lienor does not sue within the applicable period, the lien expires. The remedy, once suit is brought, is a foreclosure sale of the property to satisfy the unpaid amount, similar in effect to other lien foreclosures.

How owners avoid paying twice

The defining risk of Chapter 713 for owners is the "paying twice" problem. Because a subcontractor or supplier can lien the property even after the owner has paid the general contractor in full, an owner who does not verify downstream payment can be forced to pay a lienor a second time to clear the lien.

Owners protect themselves with a few standard practices: obtaining lien releases or waivers from the contractor and from each subcontractor and supplier with every progress payment, requiring the contractor to provide a contractor's final affidavit before final payment (which lists everyone who must be paid), and making sure Notices to Owner are tracked so no lienor is overlooked. Following these steps is how an owner uses the notice system defensively — turning the Notices to Owner into a checklist of exactly who must sign a release before money changes hands. For how these financial exposures compare with other recorded claims a title search would reveal, see our guide to the Marketable Record Title Act.

Frequently Asked Questions

What is Florida's Construction Lien Law?: It is Chapter 713 of the Florida Statutes, which gives contractors, subcontractors, laborers, and material suppliers the right to place a lien on real property when they are not paid for improvements. It works through a system of notices and deadlines — the Notice of Commencement, Notice to Owner, claim of lien, and suit to foreclose — and is strictly construed by Florida courts, so missing a deadline usually forfeits lien rights.
What is a Notice of Commencement?: Under §713.13, it is the document an owner records in the public records and posts at the job site before work begins. It identifies the owner, the property, the improvement, and the contractor, and designates where lienors send notices. It is effective for one year unless stated otherwise and becomes void if the improvement is not actually begun within 90 days of recording. Liens for the work generally relate back to its recording date for priority.
Who has to serve a Notice to Owner?: A lienor who does not have a direct contract with the owner — typically a subcontractor, sub-subcontractor, or material supplier not in privity with the owner — must serve a Notice to Owner to preserve lien rights, generally before or within 45 days of first furnishing labor or materials. Under §713.06(2)(a), all such lienors except laborers must serve it. A contractor in direct privity with the owner does not need to serve it.
How long does a lienor have to record and enforce a lien?: A claim of lien must be recorded within 90 days after the lienor's final furnishing of labor, services, or materials. After recording, the lienor generally has one year to file suit to foreclose the lien, unless the owner shortens that period through a statutory procedure such as a notice of contest. Missing either deadline forfeits the lien, because Florida courts strictly construe the statute.
What does "paying twice" mean?: It refers to the risk that an owner who pays the general contractor in full can still be liened by an unpaid subcontractor or supplier, forcing the owner to pay a second time to clear the lien. This happens when the general contractor collects the owner's money but fails to pay downstream lienors. Owners avoid it by collecting lien releases with every payment and requiring the contractor's final affidavit before final payment.
How does an owner avoid construction liens?: By managing payments defensively: obtaining written lien releases or waivers from the contractor and each subcontractor and supplier with every progress payment, tracking the Notices to Owner received so no lienor is missed, and requiring the contractor's final affidavit listing everyone owed before making final payment. These steps use the statute's own notice system as a checklist of exactly who must sign a release before money is disbursed.

Bottom Line

Florida's Construction Lien Law, Chapter 713, lets those who improve real property lien it if unpaid, and it can force a careless owner to pay twice. The owner records a Notice of Commencement under §713.13 before work begins — void if work is not begun within 90 days — and lienors not in privity with the owner must serve a Notice to Owner, generally within 45 days of first furnishing, which carries a mandatory statutory warning about paying twice. An unpaid lienor records a claim of lien within 90 days of final furnishing and must sue to foreclose within one year unless the owner shortens that period. Because courts strictly construe the statute, missed deadlines forfeit lien rights. Owners avoid the paying-twice trap by collecting lien releases with each payment and requiring the contractor's final affidavit before final payment. For related Florida topics, see our guides to statutory deed warranties, seller property disclosure requirements, and the Marketable Record Title Act.

Source: Florida Statutes Chapter 713 (official) · FS §713.13 — Notice of Commencement · Florida DBPR — contractor licensing