If you missed the deadline to file a lien in Florida, your right to place a lien on the property is typically extinguished permanently. Florida's 90-day deadline is strictly enforced, and courts rarely grant extensions. This means you lose your most powerful form of security—the ability to foreclose on the property to satisfy the debt. While the debt itself may still be owed, your legal path to collecting it becomes significantly more challenging and less secure.
Florida's construction lien laws are designed to balance the interests of owners, contractors, and suppliers, and this balance hinges on strict adherence to deadlines. The mechanic's lien filing deadline is one of the most unforgiving timelines in the entire process. Under Florida Statutes, you have exactly 90 days from the date of your final furnishing of labor, services, or materials to record a Claim of Lien in the public records. This is not 90 days from the invoice date or when payment was due.
The reason for this rigidity is to create certainty for property owners and lenders. After the 90-day window closes, they need to be able to transact with the property without fear of a surprise lien appearing months later. This statutory cut-off is often referred to as construction lien expiration. Once that 90th day passes, your right to use the property as collateral for your work is gone. Unlike some other legal deadlines, there are virtually no exceptions for not knowing the law, being busy, or waiting on a promise of payment. The 90-day clock is absolute, and failing to act within it means you can no longer encumber the property.
Facing a missed deadline to file a lien is a serious setback, but it doesn't necessarily mean all hope is lost for recovering your money—it just means you've lost your leverage against the property. This is the moment of lien rights expiration, but you can still pursue the debt itself.
Your primary alternative is to file a standard breach of contract lawsuit against the party that hired you and failed to pay. Because you no longer have a secured claim against the property, you will be an unsecured creditor, which can make collection more difficult if the debtor has financial problems.
Other potential legal actions, such as claims for unjust enrichment or quantum meruit, might also be available depending on the specifics of your case. An attorney can also send formal demand letters on your behalf, which can sometimes prompt payment without needing to file a lawsuit.
It is crucial to immediately seek advice from a qualified construction attorney. They can evaluate your situation, review your documentation, and determine the most viable legal path forward to recover the money you are owed.
The best way to deal with a missed lien deadline is to never miss it in the first place. At Builders Notice Corp, we have over 50 years of experience helping Florida contractors stay ahead of these critical timelines. To assist you in tracking these important dates, we offer a free and easy-to-use Lien Calculator on our website. We also provide expert assistance with the meticulous preparation and timely filing of your lien documents to ensure your rights are always protected.
Use our free Lien Calculator to find your deadline, and partner with us to manage your notice and lien requirements with the precision the law demands. Contact Builders Notice Corp today and let our expertise be your greatest asset.
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