Florida's Construction Lien Law exists to protect the people who actually build things. If you are a subcontractor working on a Florida construction project, the law gives you a powerful tool to make sure you get paid: the construction lien. But that tool only works if you take the right steps, in the right order, within the right timeframes.
What a construction lien actually does
A construction lien is a legal claim that attaches to a piece of real property. When you file a lien against a property where you performed work and were not paid, the lien makes it extremely difficult for the property owner to sell, refinance, or transfer the property until your claim is resolved. It turns your unpaid invoice from a handshake obligation into a recorded claim against real estate.
Step one: file your Notice to Owner
Before you can ever file a lien, you must serve a Notice to Owner within 45 days of first furnishing labor or materials to the project. This requirement under Florida Statute 713.06 applies to all subcontractors, sub-subcontractors, and material suppliers who do not have a direct contract with the property owner. No NTO, no lien rights.
Step two: the work gets done, the payment does not come
Having an NTO on file does not mean you will need to file a lien. Most projects proceed normally and payment comes through. But when a general contractor misses payments, disputes your invoice, or goes out of business mid-project, your NTO becomes the document that keeps your options open.
Step three: file your Claim of Lien
If you have a timely NTO on file and you have not been paid, you can file a Claim of Lien with the Clerk of Court in the county where the project is located. The lien must be filed within 90 days of your last day of furnishing labor or materials.
Step four: enforce the lien
Filing a lien is not the end of the process. To actually collect, you must file a lawsuit to enforce the lien within one year of recording it (or sooner if the owner files a Notice of Contest of Lien). This is where you will need a construction attorney.
Protect every job from day one
The subcontractors who navigate payment disputes successfully are the ones who treat lien rights protection as part of their standard operating procedure. File your NTO on every project, on the first day. Keep records of your first and last dates of furnishing. Track your deadlines. Your lien rights are among the strongest protections Florida law gives to construction professionals. But they only work if you preserve them from the start.
SimpleNTO is a document preparation service, not a law firm. This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Florida construction attorney.
