In the fast-paced world of construction, not every deal is formalized in writing — especially on smaller jobs or when long-standing relationships are involved. But what happens when payment doesn’t come through? Can you still file a construction lien in Florida if your agreement was verbal?
The short answer: Yes, you can — but only under certain conditions. Florida law allows construction liens based on oral contracts, but you’ll need solid documentation and strict compliance with lien procedures.
Florida’s Lien Law Doesn’t Require a Written Contract
Florida Statutes Chapter 713 governs construction liens. Nowhere in the statute does it require that a contract be in writing to assert lien rights.
This means:
- Oral agreements are generally enforceable in Florida construction lien law, if you can prove the terms and that the work was actually performed.
- However, proof becomes critical — and courts will scrutinize your documentation more closely when there’s no signed contract.
When Can You File a Lien Without a Written Contract?
You may have lien rights without a written agreement if:
✅ You furnished labor, materials, or services to improve real property
✅ The work was authorized by the owner or someone in the chain of command (like a contractor or subcontractor)
✅ You complied with Florida’s lien procedures — especially sending a Notice to Owner (NTO) if required
Risks of Proceeding Without a Written Contract
Even though it’s legal, filing a lien based on a verbal agreement comes with challenges:
🟠 Harder to Prove Your Claim
With no written terms, owners may dispute what was agreed upon — including scope, price, or timing. You’ll need to rely on:
- Emails, texts, and call logs
- Invoices and delivery receipts
- Daily work logs and photos
- Witness testimony
🟠 Increased Risk of Disputes
The other party may claim:
- The work was unauthorized
- The agreement was for a different price
- You performed defective or incomplete work
🟠 Greater Chance of Lien Being Contested
Owners and contractors are far more likely to challenge your lien if it’s not backed by a signed contract.
Subcontractors & Suppliers: Do You Need an NTO?
Yes. If you don’t have a direct contract with the property owner, you must serve a Notice to Owner (NTO) within 45 days of first furnishing labor or materials — even if your agreement was verbal.
If you skip this step, you will likely lose your lien rights, even if you’re otherwise entitled to payment.
Best Practices for Lien Claims Without a Written Contract
If you’re in this situation, here are steps to protect yourself:
✅ Serve Your NTO Timely
Even with a handshake deal, sending an NTO is essential to preserve your lien rights.
✅ Document Everything
Keep a paper trail — emails, texts, delivery receipts, and any communications about scope, price, and timing.
✅ Confirm Terms in Writing
After a verbal agreement, follow up with a confirming email:
“Just to recap, we’ll provide XYZ services at $X,000, starting Monday…”
Even if they don’t respond, your record helps confirm the terms.
✅ Track Work Progress
Daily logs, progress photos, and site notes all help support your claim if things go south.
What Happens If the Owner Disputes the Lien?
If your lien is challenged, you’ll need to:
- Prove you performed the work
- Show the reasonable value of what you provided
- Establish that the owner (or someone authorized) requested or accepted the work
You may need to file a lawsuit to foreclose the lien and recover what you’re owed. This is where working with a construction attorney becomes critical — especially with no written agreement.
The Bottom Line
Yes, Florida law allows liens based on verbal or implied contracts, but it’s far riskier than relying on a written agreement. If you’re proceeding without a formal contract:
- Serve your Notice to Owner (NTO) on time
- Document everything
- Be prepared to defend your lien in court
Need Help Filing or Defending a Lien?
At Douglas Firm, we help contractors, subcontractors, and suppliers enforce their rights — even when a handshake deal is all you had to start with.
We also help property owners remove or contest liens that are exaggerated, unauthorized, or based on shaky agreements.
Contact Douglas Firm Today
Let’s protect your work, your money, and your legal rights.
📞 954.474.4420
📧 andrew@douglasfirm.com
🌐 www.douglasfirm.com