In Florida, construction lien rights are powerful — but easy to lose if you miss a deadline or make a technical mistake. Many contractors and subcontractors assume that just doing the work is enough to secure their right to get paid. Unfortunately, that’s not how Florida’s lien law works.
Florida Statutes Chapter 713 sets out very specific deadlines for serving notices and recording liens. Miss a step, and your lien may be invalid — even if you’re 100% owed the money.
Here are 10 of the most common lien deadline mistakes we see Florida contractors make — and how to avoid them.
1. Failing to Serve a Notice to Owner (NTO)
Who’s at risk: Subcontractors, material suppliers, and anyone not in direct contract with the owner.
Deadline: Within 45 days of first furnishing labor or materials.
Missing this deadline means you lose your right to lien, even if you’ve done thousands of dollars of work.
✅ Tip: Serve the NTO early — even before delivering materials or starting work — and keep proof of service.
2. Serving the NTO Late
Many contractors think the 45-day NTO period starts when the project begins — but it starts from your first work on that specific job.
- If you start delivering materials on January 1, the NTO must be served by February 15.
- Sending it on Day 46? Your lien rights are gone.
✅ Tip: Track your actual start date and calendar the NTO deadline immediately.
3. Not Recording the Lien on Time
Deadline: You must record your Claim of Lien within 90 days of your last work or final furnishing.
This doesn’t mean your last invoice or punch list — it’s the last date you provided labor, services, or materials.
Work done just to extend the deadline (like dropping off a leftover piece of trim) may not count.
✅ Tip: Keep accurate job logs and delivery records to identify your true last date of work.
4. Failing to Serve a Copy of the Lien
After recording the lien, you must serve a copy on the property owner within 15 days.
Even if your lien is recorded on time, failing to serve it properly can invalidate it.
✅ Tip: Serve the lien with certified mail and keep proof of delivery.
5. Relying on Verbal Agreements
Florida lien law requires a contractual relationship — and written documentation is your strongest protection.
If the owner or GC denies you were hired or claims the amount is wrong, your lien is harder to enforce.
✅ Tip: Always get a written contract or, at minimum, written confirmation of the work and price.
6. Not Using Proper Legal Description of the Property
Your Claim of Lien must include an accurate legal description of the property. A street address is not enough.
Using the wrong description can make your lien unenforceable.
✅ Tip: Pull the legal description from the recorded Notice of Commencement or county property appraiser’s records.
7. Failing to List All Lienable Work or Materials
If you don’t include certain unpaid labor, materials, or change orders in your lien — and the lien deadline passes — you may not be able to add them later.
✅ Tip: Before filing, carefully review the full balance due and what is actually lienable under Florida law (not all charges qualify).
8. Overstating the Amount of the Lien
You may be tempted to include disputed extras or future charges — but inflating the lien amount can lead to serious consequences.
In Florida, knowingly overstating a lien can result in a fraudulent lien claim, damages, and loss of all lien rights.
✅ Tip: Lien only for completed work and materials actually delivered. Keep clean records to back up your number.
9. Not Filing Suit to Enforce the Lien in Time
A lien is not a judgment — it’s a temporary claim. You must file a lawsuit to enforce the lien within one year of recording it — or within 60 days if the owner files a Notice of Contest.
Wait too long, and your lien expires automatically.
✅ Tip: Track your enforcement deadline as soon as you file the lien. Don’t rely on the other side to “work things out.”
10. Not Hiring a Construction Attorney to Review or File the Lien
Florida’s lien laws are technical. Many contractors try to DIY the process and end up with liens that are:
- Filed too late
- Served improperly
- Missing key elements
- Or based on un-lienable charges
✅ Tip: An attorney can review your timeline and documents to make sure your lien is valid, timely, and enforceable.
How Douglas Firm Can Help
At Douglas Firm, we help Florida contractors, subcontractors, and suppliers:
- Preserve their lien rights
- Prepare and serve Notices to Owner and Claims of Lien
- Review timelines and contract documents
- Enforce liens through foreclosure when needed
- Avoid common pitfalls that lead to invalid or fraudulent liens
Don’t let a technical mistake cost you the money you earned.
Contact Douglas Firm Today
If you’re working on a Florida project and want to protect your payment rights, we’re here to help — before deadlines are missed.
📞 954.474.4420
📧 andrew@douglasfirm.com
🌐 www.douglasfirm.com