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What is the process for filing a construction lien in Florida?

Picture of Chris Battis By   ·  1 minute read

The process for filing a construction lien in Florida is regulated by the Florida Construction Lien Law (FCLL). A construction lien is a legal claim for payment against real property, filed by contractors, subcontractors, suppliers, or other persons who provide labor, materials, or services for the improvement of the property.

To file a construction lien in Florida, the claimant must comply with the following steps:

  1. Serve a Notice to Owner: Before commencing any work or providing any materials, the claimant must serve a Notice to Owner (NTO) on the property owner and other parties with an interest in the property, such as the general contractor or lender. The NTO must include a description of the services or materials to be provided, the name and address of the claimant, and a warning that failure to pay may result in a lien on the property. The claimant must serve the NTO within 45 days of the first day of work or delivery of materials.
  2. File a Claim of Lien: If payment is not made within 90 days of the date of the last furnishing of labor, materials, or services, the claimant may file a Claim of Lien with the county clerk's office in the county where the property is located. The Claim of Lien must include a description of the services or materials provided, the name and address of the claimant, the property owner's name and address, and the amount claimed.
  3. Serve a copy of the Claim of Lien: The claimant must serve a copy of the Claim of Lien on the property owner and other interested parties within 15 days of filing with the county clerk. The claimant must use a method of service allowed by the FCLL, such as personal delivery or certified mail with return receipt requested.
  4. Enforce the Lien: If payment is still not made, the claimant may file a lawsuit to enforce the lien within one year of filing the Claim of Lien. Failure to file the lawsuit within this time period may result in the lien becoming unenforceable.

It is important to note that certain deadlines and procedures must be strictly followed in order to preserve the claimant's right to file a construction lien. In addition, there are exceptions and limitations to the FCLL, such as requirements for certain types of contracts or limitation on the amount of the claim.

If you are considering filing a construction lien in Florida, it is recommended that you consult with a licensed attorney for specific advice on your situation.