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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Florida's mechanic's lien laws to help you protect your right to payment.
Not required
Required either before work begins or within 45 days of first furnishing work/materials
Not required
Not required
Not required
Not required
During the project or up to 90 days after the last day of work
During the project or up to 90 days after the last day of work/materials delivered
During the project or up to 90 days after the last day of work
Within 1 year after the lien filing date
Within 1 year after the lien filing date
Within 1 year after the lien filing date
Unpaid contract balance
Unpaid value of labor, materials, or services furnished
Unpaid wages for labor performed
In Florida, mechanic's liens are generally referred to as "construction liens" and are governed by Title XL, Chapter 713, Part I of the 2024 Florida Statutes. It's important to note that mechanic's liens only apply to private projects. For public property projects exceeding $100,000, Florida Statutes § 255.05 mandates that general contractors provide payment bonds.
Florida's lien framework is heavily notice-driven. Most subcontractors and suppliers must serve a Notice to Owner early in the project to preserve lien rights, and lien filing deadlines run from final furnishing, not project completion. Florida also allows owners to file certain documents—like a Notice of Contest of Lien—that can dramatically shorten enforcement deadlines.
With that framework in mind, let's dig in.
In Florida, mechanic’s lien rights extend to parties who furnish labor, services, or materials to improve real private property, including:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material or equipment suppliers and vendors
- Laborers and workers
- Architects, landscape architects, interior designers, engineers, surveyors, or mappers
- Anyone else who performs work, labor, or furnishes materials constituting an improvement to real property
Suppliers providing materials to laborers or other suppliers cannot claim a mechanic’s lien in Florida.
To be eligible for a mechanic's lien in Florida, your work or materials supplied must either be for “the purpose of making it [real property] suitable as the site for the construction of an improvement or improvements” or a more general term for improvement to real property.
Here are examples of what’s considered lienable and what isn’t.
Lienable Work in Florida
- Land grading, leveling, excavating, and filling, including furnishing fill soil
- Grading and paving of streets, curbs, or sidewalks
- Construction of ditches and other area drainage facilities
- Pipe-laying and laying conduits for water, gas, electricity, sewage, and drainage
- Construction of canals
- Alteration, repairs, and reconstruction for all of the above items
Non-Lienable Work in Florida
- Work performed on public projects
- Routine cleaning or maintenance that’s not part of construction
- Labor, materials, or services provided by unlicensed contractors
Before filing a lien in Florida, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
All claimants—GCs, subs, suppliers, laborers, etc.—must file a Claim of Lien during the project or up to 90 days after the last day of work or the last day materials were delivered. (Fla. Stat. § 713.08(5))
Filing Requirements
- Filing location: File a Claim of Lien in the clerk’s office in the county where the property is located.
- Form requirements: The Claim of Lien must follow the format outlined in Fla. Stat. § 713.08(3) and include:
- Lienor’s name and address
- Owner’s name
- Description of property sufficient for identification
- First and last furnishing dates (for work and materials)
- Description of labor, services, or materials furnished
- Amount of lien claim
- For subs and suppliers, the date and method of service of the preliminary notice (Notice to Owner)
- Verification: A Florida Claim of Lien must be notarized.
- Filing fee: Yes, but specific fees vary by county.
Service Requirements
Under Fla. Stat. § 713.08(4), a copy of the Claim of Lien must be served to the owner either before filing it or within 15 days after filing it. The copy must be delivered to the owner by hand, by certified (or registered) mail, or by posting it at the jobsite. If this isn’t completed, the lien may be voided. For more detail, see Fla. Stat. § 713.18.
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Florida.
Enforcement Requirements
- Enforcement deadline: File a lien foreclosure lawsuit within 1 year of the lien filing date, unless the owner records and serves a Notice of Contest of Lien. Then, the lienor only has 60 days to file a lawsuit. (Fla. Stat. § 713.22(2))
- Filing location: File a foreclosure lawsuit at the circuit court in the county where the property is located.
- Lien priority: In Florida, construction lien priority generally depends on timing and compliance with notice requirements and is ultimately determined by the court during enforcement. When multiple lienors are competing for the same funds, payment is distributed first to all laborers, then to all persons other than the GC, and then to the GC.
Lien Release Requirements
Once the debt is resolved, the lienor must record a satisfaction or release of lien in the same county recorder’s office where the lien was filed. Failure to timely release a satisfied lien can expose the lienor to damages and attorney’s fees. (Fla. Stat. § 713.21(4))
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Yes—but just the enforcement deadline. If the owner (or the owner’s attorney) records a Notice of Contest of Lien in the county where the property is located, the lien enforcement period is shortened from 1 year to 60 days from the date the notice is served.
The court is required to send a copy of the notice to the lienor so they’re aware of the shortened deadline. In the event that the lienor doesn’t file the action in time, the lien automatically expires.
Additionally, any interested party may file an action asking the court to issue a summons to show cause as to why the lien should not be enforced. If the lienor fails to file an enforcement action within 20 days of service of the summons, the court must cancel the lien (Fla. Stat. § 713.21(4)).
No, Florida law strictly prohibits unlicensed GCs, subcontractors, or sub-subcontractors from filing a mechanic’s lien.
Yes, as long as you serve a preliminary notice (Notice to Owner), you’ll preserve your eligibility to file a lien claim down the road if needed. Just make sure you follow the outlined form, timeline, and delivery methods per Florida construction lien law.
No. Florida does not require a Notice of Intent to Lien before recording a Claim of Lien.
However, GCs have a separate obligation before enforcing a lien. Before filing a foreclosure action, the GC must serve the owner with a contractor’s final payment affidavit, stating that all lienors who served a Notice to Owner have either been paid in full or are still owed unpaid amounts specified herein. This affidavit must be delivered at least 5 days before filing a lien enforcement lawsuit (Fla. Stat. § 713.06(3)(d)).
Often, yes. Most lienors who aren’t in direct contract with the owner—including subs, sub-subs, and material suppliers—must serve a Notice to Owner to preserve lien rights, per Fla. Stat. § 713.06(2)(a).
The Notice to Owner must be served before starting work or within 45 days after first furnishing labor, services, or materials. Missing this deadline generally eliminates lien rights for work performed before the notice was served.
The Notice to Owner must follow the statutory form and required language set out in Fla. Stat. § 713.06(2)(c), and be served by:
- hand delivery,
- certified or registered mail,
- Global Express Guaranteed mail, or
- the approved delivery services outlined in Fla. Stat. § 713.18.
Laborers (and various design professionals) are exempt from the Notice to Owner requirement.
Florida provides statutory lien waiver forms for both progress payments and final payments. It’s best to use these forms; however, if mutually agreed upon, parties can create their own. Brush up on Florida lien waiver rules and regulations here.
In Florida, lienors may claim a lien for the unpaid value of the labor, services, or materials they actually furnished to a private project. The lien amount is limited to what is currently owed under the contract and cannot include speculative amounts.
Conversely, you generally can’t include amounts for anticipated profits, delay damages, warranty and punch-list work, or attorney’s fees (although these could be awarded later). You must be careful not to overstate the lien, as “willfully” doing so can result in the lien being reduced or wiped out, and could expose you to damages and attorney’s fees.
No, a written contract isn’t required to file a Florida mechanic’s lien. In any case, it’s best practice to create a written contract for construction projects, as it will cover your bases more sufficiently should you file a lien.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.