What is a construction lien?
A construction lien is a legal claim against real property for unpaid labor, services, or materials furnished to improve that property. In Florida, the document commonly used to assert this right is called a Claim of Lien, which is recorded in the public records to give notice that the lienor claims an unpaid amount related to the improvement of the property.
This page provides a general overview of Florida construction lien concepts, deadlines, enforcement, and lien rights. It is not a substitute for legal advice.
What Is the Difference Between a Construction Lien and a Claim of Lien?
A construction lien is the legal right or claim against the property. A Claim of Lien is the verified document that is recorded in the public records to assert that claim.
In everyday use, people often use the terms “construction lien,” “mechanic’s lien,” and “Claim of Lien” interchangeably. However, the Claim of Lien is the actual recorded document that gives public notice of the unpaid claim.
For a more detailed filing guide, read: What Is a Claim of Lien?
What Is a Claim of Lien?
A Claim of Lien is a verified document recorded in the public records, along with other property records such as deeds and mortgages. Its purpose is to provide public notice that a lienor claims an unpaid amount for labor, services, or materials furnished to improve real property.
In Florida, a Claim of Lien generally must be recorded no later than 90 days after the final furnishing of labor, services, or materials. Warranty or corrective work usually should not be relied on to extend the deadline. The statute also requires the Claim of Lien to be served on the owner before recording or within 15 days after recording.
How Long Does a Construction Lien Last?
A Florida construction lien generally remains effective for one year after the Claim of Lien is recorded. To keep the lien alive beyond that period, the lienor must file a lawsuit to enforce or foreclose the lien within the applicable deadline. A lienor generally cannot simply record a renewal or extension of the lien.
There are situations that can shorten the one-year period. For example, if a Notice of Contest of Lien is recorded and served, the time to file suit may be shortened to 60 days from service of the notice.
Another possible shortening procedure is a summons to show cause. Under Florida law, an interested party may seek a summons requiring the lienor to show cause within 20 days after service why the lien should not be enforced or vacated.
How Is a Construction Lien Enforced?
A construction lien is typically enforced through a lawsuit asking the court to recognize the lien and allow the owner’s interest in the property to be sold to satisfy the unpaid amount. If the lienor prevails, the court may determine the amount owed and address related issues such as priority, foreclosure, and attorney’s fees.
Florida law provides that in an action brought to enforce a lien, including a lien transferred to security, the prevailing party is entitled to recover a reasonable attorney’s fee as determined by the court.
Because lien enforcement can involve strict deadlines, defenses, priority issues, and attorney’s fees exposure, lienors should speak with a qualified construction attorney before proceeding.
Who Can File a Construction Lien in Florida?
Florida construction lien rights may apply to certain parties who furnish labor, services, or materials to improve real property. Depending on the project and contract chain, lien rights may be available to:
- Contractors
- Subcontractors
- Sub-subcontractors
- Laborers
- Material suppliers
- Certain professional lienors, such as architects, landscape architects, engineers, surveyors, interior designers, and mappers
Whether a party has lien rights depends on the project type, contract chain, notice requirements, and compliance with Florida construction lien law.
What Property Interest Is Lienable?
In general, the lien attaches to the interest in the real property of the owner who contracted for the improvement. In leasehold situations, the landlord’s interest may not be lienable unless the landlord contracted for the improvement or another exception applies.
Because lien rights depend on the ownership structure, contract chain, notices, and project facts, the lienability of a property interest should be reviewed before a Claim of Lien is recorded.
Need Help With a Construction Lien?
Builders Notice is not a law firm and does not provide legal advice. However, we can assist with property research and may forward lien claim evaluation or Claim of Lien requests to local construction law firms.
If you need help starting the process, visit our Construction Lien Services page.