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Florida’s construction industry is thriving, especially in Naples and the surrounding areas, with a steady stream of residential and commercial projects. While construction can be profitable, it also carries unique legal risks, particularly when payments are delayed or withheld. Florida’s construction lien law is designed to protect contractors, subcontractors, material suppliers, and laborers by providing a legal mechanism to secure payment for work performed. At Boatman Ricci, we help contractors and construction professionals understand the nuances of lien law and protect their rights.
Understanding Construction Liens in Florida
A construction lien, also known as a mechanic’s lien, is a legal claim against real property for labor, services, or materials provided during a construction project. The lien ensures that those who contribute to a project are paid, even if the property owner has not directly contracted with them.
Florida’s lien law is codified under Florida Statutes Chapter 713, which provides detailed rules about filing, notice, and enforcement of liens in Florida. A lien is a powerful tool, but it must be handled properly in order to be enforceable.
Who Can File a Construction Lien?
Under Florida law, several parties involved in a construction project may have lien rights, including:
- General contractors
- Subcontractors
- Material suppliers
- Sub-subcontractors
- Laborers providing services to a project
It’s important to note that even if a party does not have a direct contract with the property owner, they may still be entitled to file a lien, provided they follow the relevant statutory requirements.
Key Requirements for Filing a Lien
Florida construction lien law is strict, and missing any step in the lien process can invalidate a claim. Some essential requirements include:
Notice to Owner
Before filing a lien, subcontractors and suppliers must typically provide a Notice to Owner (NTO). This notice alerts the property owner of potential claims and preserves the right to file a lien if payment is not made. A Notice to Owner must:
- Be served within 45 days of starting work or providing materials;
- Follow specific formatting requirements outlined in Florida Statutes § 713.06; and
- Clearly describe the services or materials provided.
Timely Filing of the Lien
Once the work is completed, a lien must be filed within 90 days of the last day labor, services, or materials were provided. Failure to meet this deadline will result in losing the right to file a lien.
Detailed Lien Information
When a claim of lien is filed, the filer must prepare it in accordance with Section 713.08, Florida Statutes. The lien must include:
- A description of the property;
- The total value of the work performed and the amount that remains due and owing;
- The name of the property owner; and
- The names of the contractor and lienor.
Florida courts require strict compliance with these rules, and even minor errors might render a lien unenforceable.
Enforcement of Construction Liens
If payment is not received, a valid lien can be enforced by filing a lawsuit to foreclose the lien. This legal action allows a contractor or supplier to seek payment directly from the property owner, potentially leading to a forced sale to satisfy the debt.
Protecting Yourself as a Contractor
While Florida’s lien law is designed to protect a contractor’s right to payment, contractors must be proactive in ensuring they are prepared to meet the requirements to file a lien. Contractors should ensure that they:
- Serve notices such as Notices to Owner promptly to maintain lien rights;
- Document work and materials thoroughly, including invoices, contracts, and delivery records;
- Verify property ownership to ensure the lien is filed correctly; and
- Consult an attorney early if payment issues arise, especially before filing a lien or taking legal action.
These steps help reduce mistakes that could jeopardize your claim and strengthen your ability to recover payment efficiently.
How Boatman Ricci Can Help
Navigating Florida’s construction lien law can be complex, with strict deadlines and detailed requirements. The attorneys at Boatman Ricci assist contractors, subcontractors, and suppliers throughout Naples and Southwest Florida with:
- Reviewing contracts and work agreements for potential lien rights;
- Preparing and serving Notices to Owner and filing liens;
- Enforcing liens through litigation, if necessary; and
- Advising on bond claims or alternative recovery methods.
By acting quickly and accurately, our team helps ensure that your rights are protected and that you receive the payment you are owed. If you are considering filing a lien on a property, it is best to consult with an attorney early to ensure your rights are protected.
Protect Your Payment Rights Under Florida Construction Law
Florida construction lien law is a critical protection for contractors, suppliers, and laborers. Compliance with notice, filing, and enforcement requirements is essential to effectively secure payment and prevent disputes. Whether you are a general contractor managing multiple subcontractors or a supplier providing materials on a single project, understanding your rights under Chapter 713 can make all the difference.
If you are facing payment issues or need guidance on filing or enforcing a construction lien in Naples, contact Boatman Ricci today. Our experienced attorneys can guide you through every step of the process and protect your financial interests.