Here are some of the most common questions asked by clients of Emalfarb Law and National Lien & Bond about Mechanics Lien requirements in Florida. Please note that these are intended to provide general information about Florida’s Mechanics Lien requirements; for answers to your questions about a specific matter in Florida, contact National Lien & Bond at 800.423.7799, or click here to schedule a free consultation with one of our experienced construction lien attorneys.
Who Has a Right to File a Mechanics Lien in Florida?
In Florida, a contractor, subcontractor, sub-subcontractor, laborer, or materials supplier that supplies materials to the owner, contractor, subcontractor, or sub-subcontractor has the right to file a mechanics lien in connection with a private construction or improvement project.
Do I Need to Provide a Preliminary Notice to Protect My Mechanics Lien Rights in Florida?
Yes. Anyone who does not have a direct contract with the owner of a project must provide written notice to the owner that they are commencing work on the project.
In addition, subcontractors, sub-subcontractors, and material suppliers to subcontractors and sub-subcontractors must provide the contractor with copies of the notice sent to the owner. Laborers do not need to provide preliminary notices.
When Must I Provide These Preliminary Notices?
Preliminary notices can be served on the owner at any time before the party serving the notice begins work on the project, up to 45 days after beginning work on the project, provided the owner has not yet disbursed the final payment for the work.
The notice can be delivered by hand or sent by registered or certified mail, provided it’s mailed within 40 days of beginning work on the project.
What Information Must the Preliminary Notices Contain?
Florida law provides specific information that should be included in the preliminary notice. Section 713.06 (2023 statutes) consists of the recommended language for preliminary notices.
Must I Provide Any Other Information?
The owner or a contractor you are working for may demand that you provide them with a sworn statement of account that includes information about
- the nature of the labor or services you provided
- the materials furnished
- the amounts that were owed that have been paid to date
- the amount that is due but unpaid; and
- the amount that will become due in the future if known.
This information must be provided under oath within 30 days after the demand is made.
When Can I File a Mechanics Lien if I’ve Not Been Paid for Work or Materials?
Mechanics liens must be filed within 90 days after you have completed work or furnished materials for the project. They may be filed earlier.
Where Must I File the Mechanics Lien?
Mechanics liens must be filed with the county clerk where the project is located.
What Information Must a Mechanics Lien Contain?
Florida law provides specific information that should be included in a mechanics lien. Section 713.08 (2023 statutes) lists the requirements and provides recommended language for mechanics liens.
Are Things Different for Public Projects? If So, How?
Public projects in Florida typically have payment bonds in place. Subcontractors and material suppliers can look to these bonds for payment in cases where the public authority responsible for the project fails to pay in a timely or complete fashion. Contact National Lien & Bond for more information about these kinds of situations.
What Happens After I File My Mechanics Lien?
The filed mechanics lien acts as a lien against the real property improved by the project for the total amount owed to the party filing the lien. While this will not guarantee immediate payment, it can be security for future payment. In some cases, it may be necessary to file a lawsuit to collect on amounts owed and reflected in the mechanics lien. A lawsuit to enforce a mechanics lien must be filed within one year of when the lien has been recorded.
What if I Have Other Questions?
National Lien & Bond helps contractors and material suppliers protect and collect their receivables for construction projects all across the US. Our network of more than 150 boutique construction law firms in the US and internationally has the experience and understanding of local construction lien law to answer your questions and help you get paid. Our experienced professionals have helped more than 25,000 clients collect more than $9 billion in claims. We are focused on helping our contractor and materials supplier clients get paid.
Call National Lien & Bond today at 800.432.7799 or schedule a free consultation with one of our experienced construction law attorneys to learn more about how we can help.