In Florida’s fast-paced construction industry, deadlines are everything—especially when it comes to protecting your right to payment. Florida’s lien law is designed to give contractors, subcontractors, sub-subcontractors, laborers, materialmen, and professional lienors a legal remedy if they are not paid for their work. However, this remedy comes with strict and unforgiving timelines. Missing even one deadline can mean losing your lien rights entirely.
Below is a thorough exploration of the critical lien deadlines in Florida, along with insights from relevant case law to illustrate the importance of compliance.
- Notice to Owner (NTO) – Within 45 Days
For most parties who do not have a direct contract with the property owner—such as subcontractors and material suppliers—the first crucial step in securing lien rights is serving a Notice to Owner (NTO). This notice must be sent before a project commences or within 45 days of first furnishing labor, services, or materials to the project site, as required by Florida Statutes § 713.06(2).
Failing to send the NTO within this 45-day window will render you ineligible to record a lien later. The purpose of the NTO is to inform the property owner of your involvement in the project and your potential right to claim a lien if you are not paid.
Case Example: In Delta Fire Sprinklers, Inc. v. OneBeacon Insurance Co., 937 So. 2d 695 (Fla. 5th DCA 2006), the court emphasized that the timely service of an NTO is a strict condition precedent to maintaining a lien. Without it, the lien claimant’s rights were barred.
Tip: Send the NTO via certified mail with return receipt requested to have proof of timely delivery.
- Claim of Lien – Within 90 Days of Last Work
Once you have completed your work or supplied your final materials, the clock starts ticking for the next critical deadline: recording your Claim of Lien. Under Florida Statutes § 713.08(5), this must be done within 90 days of the last day you furnished labor, services, or materials to the project.
Importantly, “last work” does not mean warranty work or trivial punch-list items. Florida courts have clarified that the 90-day period runs from the last substantial work performed.
Case Example: In Sam Rodgers Properties, Inc. v. Chmura, 61 So. 3d 432 (Fla. 2d DCA 2011), the court held that the deadline was not extended by minor corrective work performed after substantial completion. Attempting to artificially extend the lien period by performing insubstantial work will not hold up in court.
Tip: Keep precise records of your last substantial work date. Even a one-day miscalculation can invalidate your lien.
- Enforcing the Lien – Within One Year
Recording a lien is not the end of the process. If payment still has not been made, you must take legal action to enforce the lien within one year of its recording date, per Florida Statutes § 713.22(1). If no enforcement action is filed within this period, the lien automatically expires.
In some cases, the property owner may send a “Notice of Contest of Lien” under § 713.22(2), which shortens the enforcement period to 60 days. Additionally, an owner can file a “Summons to Show Cause” under § 713.21(4), reducing the timeframe to 20 days.
Case Example: In Hernando County v. Golf Course Investments, Inc., 965 So. 2d 221 (Fla. 5th DCA 2007), the court reinforced that lien rights are lost if the enforcement lawsuit is not filed within the statutory time limits—no exceptions.
Tip: Do not wait until the deadline is approaching. Consult with an experienced Florida construction lawyer immediately after recording your lien to prepare for potential enforcement.
Real-World Examples of Lien Deadline Enforcement
The Law Office of Jonathan P. Cohen, P.A. has successfully represented homeowners and contractors in complex lien disputes—many of which turn on strict adherence to Florida’s lien deadlines.
In one recent case, Jonathan P. Cohen, Esq. represented a homeowner in defending against a fraudulent lien. The firm filed a show cause complaint against the contractor, challenging the validity of the lien. When the contractor failed to respond, the court entered judgment in favor of the homeowner, declaring the lien invalid. The order was then recorded in the public records—putting the world on notice that the lien no longer encumbered the property.
In another case, Jonathan P. Cohen, Esq. represented a homeowner who had a lien recorded against his property, but the contractor failed to enforce the lien within the statutory one-year period. When the deadline passed, the lien automatically became invalid by operation of law. By monitoring the critical timelines and understanding the mechanics of Florida lien law, the firm was able to confirm that the lien was legally extinguished—freeing the homeowner’s title from a baseless claim.
These cases underscore how vital it is for both property owners and contractors to understand Florida’s lien deadlines. Whether enforcing or defending against a lien, knowing the time limits—and acting promptly—can make the difference between success and financial loss.
Why These Deadlines Matter
Florida courts consistently enforce lien deadlines strictly. Missing a single day can result in the loss of your lien rights and your ability to collect payment through this legal remedy. These timelines are not negotiable, and good faith or equitable arguments generally will not save a late lien.
How Jonathan P. Cohen, P.A. Can Help
Jonathan P. Cohen, Esq., is an experienced Florida construction lawyer with a deep understanding of Florida’s lien law and the construction industry. His law firm, Jonathan P. Cohen, P.A., regularly represents contractors, subcontractors, material suppliers, and property owners in lien-related matters throughout Florida.
From preparing and serving the Notice to Owner to recording the Claim of Lien and enforcing it in court, Jonathan P. Cohen, P.A., provides comprehensive legal guidance to ensure you never miss a critical deadline. His proactive approach and attention to detail help protect your rights and position you for a successful recovery.
Contact a Florida Lien Deadlines Attorney Today
If you are working in the Florida construction industry, you cannot afford to overlook lien deadlines. Whether you are trying to secure payment for completed work or you are a property owner facing a lien dispute, Jonathan P. Cohen, P.A. can help you navigate Florida’s complex lien law with confidence. Call us today at (954) 462-8850 to schedule your appointment, or visit us online at www.jcohenpa.com.
The information provided in this article does not, and is not intended to, constitute legal advice. The content in this article is presented for general informational purposes only.