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Florida Construction Liens What Contractors and Subcontractors Need to Know

Last updated on April 23, 2026

Florida’s Construction Lien Law (Chapter 713, Part I of the Florida Statutes) gives contractors, subcontractors, suppliers, and laborers a powerful tool to secure payment for work performed or materials furnished to improve real property. Properly used, a construction lien converts an unpaid invoice into a claim against the project itself. Improperly used—or filed without attention to statutory deadlines and formalities—a lien can be unenforceable, or even expose the claimant to serious liability.

This overview highlights five of the most important provisions every Florida construction professional should understand before they begin work, invoice a customer, or send a lien to the courthouse.

1. Liens Under Direct Contracts — Fla. Stat. § 713.05

Section 713.05 governs the lien rights of a person who is in “privity” with the owner—typically the general contractor, or anyone else who contracts directly with the property owner. If you are in direct privity with the owner, you are entitled to a lien for the unpaid value of labor and materials performed based on the direct contract price, plus the reasonable value of any authorized extras.

Key points for contractors in privity:

You do not have to serve a Notice to Owner — that requirement only applies to claimants not in privity.
Your lien secures amounts due under the direct contract, including changes and additions you were authorized to perform.
The owner’s obligation is limited to the contract price; proper payments made to you in accordance with the statute reduce the amount the property can be held liable for.
You must still comply with § 713.06(3) by providing a Contractor’s Final Payment Affidavit at least five days before filing suit to enforce a lien.

2. Lien Rights for Parties Not in Privity — Fla. Stat. § 713.06

Section 713.06 is the lifeline for subcontractors, sub-subcontractors, and material suppliers who do not contract directly with the owner. It grants lien rights—but conditions them on strict notice requirements that are unforgiving when missed.

Notice to Owner (NTO):

Any lienor not in privity with the owner must serve a Notice to Owner on the owner (and, if applicable, the contractor and the lender) before beginning work or within 45 days of first furnishing labor, services, or materials to the project—whichever is earlier.
The Notice must substantially follow the statutory form found in § 713.06(2)(c).
Failure to timely serve a proper Notice to Owner is a complete defense to the lien. There is no “substantial compliance” exception for missing this deadline.

Proper payments and the owner’s exposure:

The statute protects owners who make “proper payments” in reliance on contractor affidavits and partial releases. Subcontractors who fail to give timely notice risk being paid out of an owner’s contract balance that has already been disbursed.
Before making final payment, the owner is entitled to receive a Contractor’s Final Payment Affidavit listing all lienors who have given notice and the amounts owed to each.

3. Filing a Claim of Lien — Fla. Stat. § 713.08

Section 713.08 controls the form, content, recording, and deadlines for the Claim of Lien itself. A lien is not effective until it is properly recorded in the public records of the county where the project is located—and served on the owner.

Required content of the Claim of Lien:

Name and address of the lienor.
Name of the person with whom the lienor contracted.
The labor, services, or materials furnished and the contract price or value.
A description of the real property sufficient to identify it.
The name of the owner.
The dates the first and last items of labor, services, or materials were furnished.
The amount unpaid to the lienor.

Critical deadlines:

The Claim of Lien must be recorded within 90 days after the lienor’s final furnishing of labor, services, or materials to the project. “Final furnishing” does not include punch-list or warranty work.
A copy of the recorded Claim of Lien must be served on the owner within 15 days after recording. Failure to serve the owner can be a defense to enforcement of the lien.
Suit to foreclose the lien must be filed within one year of recording (shortened to 60 days if the owner records a Notice of Contest of Lien, or 20 days under a § 713.21(4) show-cause action).

4. Prevailing Party Attorney’s Fees — Fla. Stat. § 713.29

One of the most powerful features of Florida’s lien law is its fee-shifting provision. Section 713.29 provides that in any action brought to enforce a lien or a bond under Part I of Chapter 713, the prevailing party is entitled to recover a reasonable attorney’s fee.

What this means in practice:

A properly perfected and enforced lien can make a contractor or subcontractor whole—not only for the unpaid contract balance, but also for the legal fees incurred collecting it.
The same statute cuts both ways. If the lien claim is defeated, the owner (or the contractor defending the owner) may recover fees from the lienor. This underscores the importance of filing only well-documented, good-faith lien claims.
Courts analyze the “prevailing party” based on the significant issues in the litigation, not a simple win-loss tally.

5. Fraudulent Liens — Fla. Stat. § 713.31

Section 713.31 is the cautionary provision every lienor must understand. A lien is deemed fraudulent—and wholly unenforceable—when a lienor willfully exaggerates the amount claimed, willfully includes a claim for work not performed or materials not furnished, or compiles the claim with such willful and gross negligence that it constitutes a willful exaggeration.

Consequences can include:

Complete loss of the lien. A fraudulent lien is void and cannot be enforced.
Civil liability for actual damages caused by the false lien, plus punitive damages and attorney’s fees.
Criminal exposure. The filing of a fraudulent lien is a third-degree felony under § 713.31(3).

The takeaway: lien amounts must be supported by contracts, invoices, daily reports, and delivery tickets. Rounding up “to be safe,” or adding contested change orders the lienor knows were not authorized, can transform a legitimate collection tool into a criminal liability.

Practical Steps Before You File

Serve your Notice to Owner early. Even if you think you may be in privity, serve one anyway if there is any doubt. The 45-day clock is unforgiving.
Track your first and last dates of work. These dates drive every deadline in Chapter 713. Keep contemporaneous records.
Document everything. Invoices, signed change orders, daily logs, delivery tickets, and photographs protect against a fraudulent-lien allegation.
Record and serve — don’t just record. Recording is not enough; the owner must receive a copy within 15 days.
Calendar the one-year foreclosure deadline. And watch for a Notice of Contest, which shortens your deadline to 60 days.
Have counsel review the lien before it is recorded. A small investment in review often prevents costly defenses, fee awards, and § 713.31 exposure.

Protect Your Right to Get Paid

Florida’s construction lien law rewards contractors and subcontractors who move quickly and document carefully—and penalizes those who don’t. Whether you are preparing a Notice to Owner, recording a Claim of Lien, defending against a fraudulent-lien allegation, or pursuing foreclosure and attorney’s fees under § 713.29, the difference between a collectable claim and an unenforceable one is usually measured in days and details.

Gear Law represents contractors, subcontractors, suppliers, and owners throughout Florida in construction lien disputes. If you have a payment issue on a project, or a lien has been filed against your property, we can help you evaluate your position and protect your rights.

Contact Gear Law Today

Call our office or visit gear.law to schedule a consultation.