Florida Mechanics Lien Attorney | Construction Lien Representation Under Chapter 713
Navigating the intricacies of mechanic’s liens can be complex, but with Bernhardt Riley, Attorneys at Law, PLLC at your side, you can get through the process. Mechanic’s liens (also commonly referred to as construction liens) are a crucial tool for contractors, subcontractors, suppliers, and others involved in property improvements to help address payment disputes tied to construction work and materials. If you are involved in a construction project in Tampa Bay or anywhere in Florida and need to secure a lien — or if you are a property owner facing a lien — our attorneys provide the support necessary to address these issues effectively.
Mechanic’s liens can impact property titles, impede sales, and create financial challenges for both property owners and those in the construction industry. Our Palm Harbor-based attorneys understand the nuances of Florida’s lien laws and work diligently to protect your interests. Whether you need to file a lien or are seeking to contest one, we guide you through each step with attention to detail and a practical focus on resolution.
Florida’s Construction Lien Law: Chapter 713, Part I, Florida Statutes
Florida construction liens are governed by Part I of Chapter 713, Florida Statutes. The statute strikes a balance between paying those who supply labor, services, and materials to a property, and protecting owners from paying twice for the same work. Key features include:
- Lienors are categorized as those in privity with the owner (general contractors) and those not in privity (subcontractors, sub-subs, and material suppliers).
- Most non-privity lienors must serve a Notice to Owner (NTO) to preserve lien rights.
- Liens attach to the property itself and can be enforced through foreclosure of the lien by lawsuit.
- Short statutory deadlines govern nearly every step — missing a deadline can extinguish the lien.
- Fraudulent or willfully exaggerated liens can be defeated and can expose the filer to statutory penalties.
Key Florida Construction Lien Deadlines
Construction lien disputes are almost always deadline-driven. Common statutory timelines include:
- Notice of Commencement — recorded and posted by the owner before the project begins, identifying the owner, contractor, lender, and property.
- Notice to Owner (NTO) — most non-privity lienors must serve within 45 days of first furnishing labor, services, or materials.
- Claim of Lien — must be recorded within 90 days of the last furnishing of labor, services, or materials.
- Service of the Claim of Lien on the owner — within 15 days of recording.
- Lien enforcement (foreclosure) lawsuit — must be filed within 1 year of recording the Claim of Lien, subject to statutory shortening by the owner.
- 20-day Notice of Contest of Lien — an owner may shorten the enforcement window to 60 days by recording and serving a proper Notice of Contest.
- Demand for Sworn Statement of Account — owners have statutory rights to demand a sworn breakdown of amounts due.
Missing any of these deadlines can eliminate your rights — which is why early involvement of experienced counsel matters.
Protecting Your Rights When Faced With a Mechanic’s Lien
Florida’s Construction Lien Law is designed to protect the rights of parties in the construction process, including owners, contractors, and subcontractors. Lien rights and defenses can be highly technical, and the documentation used in lien matters often determines what leverage exists — or what challenges may be available.
Bernhardt Riley, Attorneys at Law, PLLC, helps clients prepare, review, and interpret common lien-related documents, including:
- Notices of Commencement
- Notices to Owner (NTO)
- Sworn Statements of Account
- Partial and Final Lien Releases / Waivers
- Payment Bonds and Transfer Bonds
- Claims of Lien
- Notices of Contest of Lien
All parties involved in a lien claim should understand that failures in required steps, paperwork, or procedures can create serious problems for either side of a dispute. For that reason, it is important that lien-related documents are completed carefully, including the legal description and address of the property and the amount claimed.
Mistakes or omissions in the address, legal description, basis for the claim, signatures, notarizations, and/or the amount claimed can jeopardize a lien claim or a defense. No matter which side of the matter you find yourself on, the construction and real estate litigation attorneys at Bernhardt Riley, Attorneys at Law, PLLC, are here to help. For more detailed guidance, read our guide to mechanics liens for contractors and subcontractors.
Options for Property Owners Facing a Construction Lien
A Claim of Lien does not automatically take your property — but it does cloud title and can delay sales, refinances, or subsequent construction financing. Typical owner-side responses include:
- Demand for a Sworn Statement of Account to test the accuracy of the amount claimed
- Transfer of the lien to a bond (or cash deposit) under § 713.24, Florida Statutes, to clear the lien from the property
- Notice of Contest of Lien to shorten the enforcement window to 60 days
- Show-cause proceedings under § 713.21 to force the lienor to file suit or release the lien
- Challenges based on fraudulent lien theory under § 713.31
- Procedural defenses — late NTO, late Claim of Lien, inaccurate amount, or defective notarization
Options for Contractors, Subcontractors & Suppliers
Lienors have tools as well, including:
- Timely and accurate NTO to preserve lien rights
- Carefully drafted Claim of Lien that tracks the statute
- Progress payments tied to properly worded partial waivers (watch for overbroad release language)
- Lis pendens at the time of foreclosure filing
- Preservation of bond rights on bonded projects — including payment bond claims under Chapter 713 or the Miller Act equivalent under state law
Common Questions in Florida Mechanics Lien Matters
Mechanics lien disputes often turn on project details and documentation. Common threshold questions include:
- What documents were used on the project (contracts, change orders, invoices, releases)?
- Were the correct notices provided to the correct parties and within statutory deadlines?
- Is the legal description and property information accurate?
- Is the amount claimed supported by the project records?
- Is there a payment bond that may affect the strategy?
- What options exist to resolve the lien so a project or transaction can move forward?
Because lien matters can be time-sensitive and document-driven, early review is often the best way to prevent avoidable disputes and protect your position.
Frequently Asked Questions About Florida Mechanics Liens
What is a mechanics lien in Florida?
A mechanics lien (formally a construction lien under Florida law) is a statutory security interest that attaches to real property to secure payment for labor, services, or materials furnished to improve that property. Florida construction liens are governed by Chapter 713, Part I, Florida Statutes.
Who can file a construction lien in Florida?
Generally, any person who furnishes labor, services, or materials used to improve real property — including contractors, subcontractors, laborers, materialmen, and certain design professionals — may have lien rights, subject to statutory preconditions such as licensure, direct contract, and Notice to Owner requirements.
What is a Notice to Owner and why does it matter?
A Notice to Owner (NTO) is a statutory notice that most non-privity lienors must serve within 45 days of first furnishing labor, services, or materials. Without a timely, properly served NTO, a non-privity lienor typically cannot record an enforceable Claim of Lien.
How long do I have to file a Claim of Lien in Florida?
A Claim of Lien must generally be recorded within 90 days of the last furnishing of labor, services, or materials to the project, and served on the owner within 15 days of recording. Missing these deadlines usually extinguishes lien rights.
How long does a construction lien last in Florida?
A recorded Claim of Lien is generally enforceable for 1 year from the date of recording unless extended by a properly recorded extension, or shortened by an owner’s Notice of Contest of Lien (which shortens the enforcement window to 60 days).
How can a property owner get rid of a construction lien?
Options include transferring the lien to a bond or cash deposit under § 713.24, filing a show-cause petition under § 713.21, serving a Notice of Contest of Lien to shorten the enforcement deadline, or negotiating a release with the lienor. Each option has procedural requirements that should be handled carefully.
What is a fraudulent lien under Florida law?
Under § 713.31, Florida Statutes, a lien that willfully exaggerates the amount due, includes amounts for work not performed, or is otherwise compiled with willful and gross negligence may be declared fraudulent and unenforceable — and may expose the filer to statutory penalties and attorney’s fees.
Do I need a written contract to record a construction lien?
A written, signed contract is required for liens on direct contracts exceeding certain statutory thresholds (including contracts for improving residential real estate). In privity relationships, missing a required written contract can destroy lien rights.
Does a lien release sign away my rights?
It can. Florida has statutory short-form partial and final release language (§ 713.20). Contractors and suppliers should be careful — a broad release can waive rights to amounts that have not yet been paid. Owners and lenders should insist on proper release language before disbursing funds.
Related Real Estate Practice Areas
- Real Estate Litigation (overview)
- Commercial Real Estate
- Failure to Disclose
- Florida Condominium Law
- Business Litigation
Schedule Your Mechanic’s Lien Consultation
Are you dealing with a mechanics lien issue and feeling uncertain about the next steps? Do not navigate this legal terrain alone. Contact Bernhardt Riley, Attorneys at Law, PLLC, to schedule a consultation and benefit from knowledgeable guidance. Our attorneys are prepared to assist you with mechanics lien concerns and other legal questions, providing the support you need.
Call us today at (727) 275-9575 or fill out our online contact form to arrange a meeting with our team. At Bernhardt Riley, Attorneys at Law, PLLC, we are committed to providing personalized attention and a practical approach to resolving mechanic’s lien disputes.
Serving Tampa Bay, Clearwater, Palm Harbor, Destin, St. Petersburg, and all of Florida.