You can physically file a Notice to Owner after 45 days, but it will not preserve your construction lien rights for work performed before the late filing.
What the law says
Florida Statute 713.06 is clear: the NTO must be served within 45 days of first furnishing. A late NTO does not retroactively protect work already performed.
The limited lookback
A late NTO may protect lien rights for work performed within 45 days before the date you actually served it, plus any work after. But work earlier than that lookback window is not covered.
Options when the deadline has passed
Breach of contract claims. Payment bond claims on bonded projects. Remedies under the Florida Prompt Payment Act. Direct negotiation. None are as strong as a valid lien claim.
The takeaway
File your NTO on day one of every project, and the question of whether it is too late never comes up.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice.
