Deadlines That Make or Break a Florida Construction Lien Florida Construction Lien Law FAQs

By: Aaron Haak, Esq., Florida Board Certified Construction Attorney

When payment is overdue, questions follow quickly. What are my options? Can I record a Florida construction lien to secure payment of the money owed? Have you done what is needed to preserve your right to properly assert a Florida construction lien?

“What are the deadlines you need to know that make or break a Florida construction lien?”

Florida construction liens are governed by Chapter 713, Florida Statutes, which establishes detailed requirements and strict deadlines for asserting and defending against a lien. Understanding the various deadlines of the construction lien law are critical for property owners, contractors, and construction professionals when evaluating construction lien rights and exposure, as failure to comply can invalidate a lien entirely. This article focuses on the deadlines that most often determine whether a Florida construction lien survives or fails, and is the second in a series of articles addressing frequently asked questions about Florida construction lien and bond claims.

Why Do Deadlines Matter Under Florida Construction Lien Law?

Florida construction lien law expressly provides that it is “not subject to a rule of liberal construction in favor of any person to whom it applies.” In plain English, that means courts enforce lien deadlines exactly as written, without regard to intent, fairness, or informal agreements between the parties. Anyone asserting or defending against a Florida construction lien must comply precisely with statutory deadlines. Missed deadlines are rarely curable and often end the dispute before it begins.

What Are the Key Deadlines for Asserting a Construction Lien?

In Florida, a construction lien must be recorded within ninety (90) days of the lienor’s final furnishing of the labor, services or materials. Seems straightforward enough – right? But what actually constitutes the “final furnishing” or labor, services or materials? Does performing punch list or warranty work count towards calculating the “last day”? These questions and other similar circumstances pose nuances to the identification and calculation of the last day of work and require careful analysis. An incorrect calculation of the final furnishing date can render a lien unenforceable, even when payment is clearly owed.

Can a Florida Construction Lien Be Amended?

Yes, a recorded construction lien may be amended, but only within the original ninety (90) days from the “final furnishing”. Amending a claim of lien does not extend the deadline and once the ninety (90) day recording period expires, further amendments are not permitted.

How Long Is a Florida Construction Lien Valid?

Once recorded, a Florida construction lien is valid for one (1) year from the date of recording. Within that one-year period, the lienholder must file a lawsuit to foreclose the lien. If an amended claim of lien reflects a later final furnishing date, the one-year enforcement period may run from the date the amended lien is recorded.

Can the Deadline to Foreclose a Florida Construction Lien Be Shortened?

Yes. Florida law allows a property owner or other interested party to take action to shorten the one (1) year time period to foreclose a construction lien to sixty (60) days or less. Thus, whether you are the party recording the lien, the affected property owner, or another interested party, you need to be aware of the various steps that can be taken to reduce the deadline for commencement of foreclosure of a construction lien in Florida.

When Must a Notice to Owner Be Served?

A Notice to Owner is a preliminary notice that certain lienors are required to serve under Florida construction lien law. Whether a Notice to Owner is required and who must receive it depends on the lienor’s role in the project and its contractual relationship with the property owner.

When required, the Notice to Owner must be served within forty-five (45) days of the first furnishing of labor, services, or materials and before the owner makes final payment to a contractor who has delivered a final payment affidavit. Failure to timely serve a required Notice to Owner can eliminate lien rights entirely.

What Happens If a Florida Construction Lien Deadline Is Missed?

Deadlines under the Florida construction lien law are strictly enforced by Florida Courts. Failure to meet deadlines can prevent the ability to assert and enforce a claim of lien. Once a statutory deadline passes, there is little opportunity for correction.

Why Should Construction Lien Deadlines Be Evaluated Early?

These are only a handful of the most critical deadlines associated with Florida construction liens. There are additional deadlines concerning challenges and contests to liens, as well as rights to information and payment that are often encountered in construction lien disputes.

Because the failure to comply with construction lien law deadlines can end a claim outright, early and thoughtful analysis is critical. Florida law also allows the prevailing party in a construction lien dispute to recover attorney’s fees, increasing the financial consequences of improper deadline evaluation. Understanding and addressing deadlines early often shapes the direction and outcome of the dispute.

Bottom Line

If you are a property owner, contractor, developer, or construction professional with questions about Florida construction lien rights and deadlines, you may contact me at aaron.haak@henlaw.com to schedule a consultation and discuss your specific circumstances.