What Homeowners Need to Know About Construction Liens in Florida
If you are a Florida homeowner dealing with a contractor dispute, you may be shocked to learn that the law gives contractors a powerful tool to try to force payment from you, even if you believe their work was incomplete or defective. That tool is called a construction lien, and it is governed by Chapter 713, Florida Statutes.
Normally, your home is protected under Florida’s homestead laws from most creditor claims. However, Florida law creates a significant exception when a contractor, subcontractor, or material supplier improves your property. If proper procedures are followed, they can file a lien and, if necessary, foreclose on your home, regardless of its homestead status.
Below, we break down how these liens work, what rights and risks are involved, and why quick legal action is critical if a lien has been filed against your property.
What Is a Construction Lien?
A construction lien (sometimes called a mechanic’s lien) is a statutory right that allows contractors, subcontractors, material suppliers, and laborers to claim an interest in your property as security for unpaid construction-related work. This right exists even if you have already paid the general contractor but they failed to pay their subs or suppliers.
Because lien rights are powerful and disruptive, impacting your title, your ability to sell or refinance, and potentially your equity, Florida law requires lienors to follow strict procedures to preserve and enforce their lien rights.
Notice to Owner and Notice of Commencement
If you hired a licensed contractor for your project, it is likely that subcontractors and material suppliers are also involved. Under Florida law, subcontractors and suppliers must serve a Notice to Owner within 45 days of first furnishing labor or materials if they want to preserve their right to record a lien.
If they fail to serve that notice, they lose their lien rights, even if they performed work or delivered materials.
Likewise, homeowners are required to file a Notice of Commencement before work begins on most projects valued over $2,500. This public document contains key information about the project, including the legal property description, the contractor’s information, and whether the job is bonded. A properly filed Notice of Commencement allows lienors to determine who the owner is and what steps they must follow to perfect a lien.
How Contractors Perfect and Enforce a Construction Lien
Florida’s construction lien process is tightly regulated. Contractors and others must follow these rules to create an enforceable lien:
Record the Claim of Lien
A contractor or other lienor must record a Claim of Lien in the county where the property is located within 90 days of their last date of work.
The last date of work must involve meaningful labor or materials. Punch list and warranty work do not extend the deadline. A lien recorded outside this 90-day window is legally invalid.
Serve the Claim of Lien
The lienor must also serve a copy of the lien on the owner within 15 days of recording it. If the lien is not properly served, its enforceability may be challenged.
File Suit to Foreclose the Lien
Once recorded, the lienor has 12 months to file a lawsuit to foreclose the lien. If no action is taken within that time, the lien becomes unenforceable by operation of law under section 713.22, Florida Statutes.
Attorney’s Fees, Costs, and Fraudulent Liens
Prevailing Party Fees
Florida law allows the prevailing party in a lien foreclosure lawsuit, whether the contractor or the homeowner, to recover attorney’s fees and costs under section 713.29. This fee-shifting provision gives both sides a strong incentive to prevail.
Fraudulent Liens and Punitive Damages
Under section 713.31, a lien may be deemed fraudulent if it:
Willfully exaggerates amounts due;
Includes labor or materials not actually furnished; or
Is compiled with such gross negligence that it amounts to constructive fraud.
A fraudulent lien is not just unenforceable. It exposes the contractor to punitive damages, attorney’s fees, and potential civil liability. If you suspect that the lien against your home includes false charges or deliberate misstatements, you may have grounds to fight back and recover damages.
What Can a Homeowner Do?
Construction liens are technical, time-sensitive legal instruments. If one has been recorded against your property, it is essential to act quickly. Here are some tools available to homeowners:
Notice of Contest of Lien – Section 713.21(4)
This document can be filed by the property owner to shorten the lienor’s time to file a foreclosure lawsuit from 12 months down to just 60 days. If the contractor fails to act within that window, the lien is extinguished. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html
Sworn Statement of Account – Section 713.16
A property owner can demand a Sworn Statement of Account from the lienor, requiring them to provide a breakdown of the claimed amount, dates of work, and other critical information. The response must be sworn under oath and returned within 30 days. A failure to properly respond may impair the lienor’s ability to enforce the lien.
Transfer the Lien to a Bond – Section 713.24
An owner can also post a transfer bond to remove the lien from the property and transfer the claim to the surety bond. This allows the dispute to proceed in court without clouding title to the home.
Why You Need a Construction Law Attorney
Construction liens are complicated and carry real consequences for Florida homeowners. Even if you think the lien is invalid, ignoring it could result in default judgment or foreclosure. Do not wait for that to happen.
An experienced construction law attorney can:
Analyze whether the lien is valid or defective;
Use statutory tools to pressure the contractor or extinguish the lien;
Defend you in lien foreclosure litigation; and
Protect your property and your rights.
Contact Keough Construction Law, PLLC
At Keough Construction Law, PLLC, we help Florida homeowners protect what matters most, their home. If you have received a Claim of Lien, Notice to Owner, or demand for payment, do not wait. The clock is ticking, and the sooner you act, the stronger your position.
We are located in Dunedin, Florida, and service all of Florida.
Call us today to schedule a consultation
Transparent flat fee pricing, no surprise bills
Let us protect your home and fight back against improper or abusive lien claims.
Prepared by Attorney Kyle J. Keough on June 6, 2025.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you are facing a legal issue, you should consult with a qualified attorney licensed to practice in your jurisdiction.
