Florida Construction Lien Law FAQs: How Do I Enforce a Construction Lien in Florida?

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

Florida’s Construction Lien Law provides contractors, subcontractors, suppliers and design professionals with powerful tools to help secure payment for work performed on private construction projects. Recording a Claim of Lien is an important step, but it does not automatically result in payment.

After a lien is recorded, many contractors assume the owner has no choice but to pay. Others believe the lien will remain on the property indefinitely until the dispute is resolved. Neither assumption is correct.

Florida law establishes strict deadlines and procedures for enforcing a construction lien. Missing those deadlines can result in the loss of valuable lien rights, even when payment is clearly owed.

This article is the fourth in our Florida Construction Lien Law FAQs series and addresses some of the most common questions contractors, subcontractors and suppliers ask after recording a construction lien. Previous articles include:

• Notice to Owner Mistakes That Cost Contractors Their Lien Rights
• Deadlines That Make or Break a Florida Construction Lien
• When Can a Lien Be Asserted?

Does recording a construction lien guarantee payment?

No. A recorded Claim of Lien places the property owner and others on notice that you are claiming an interest in the property because you have not been paid. While many payment disputes are resolved after a lien is recorded, filing the lien alone does not require the owner to pay. If payment is not made voluntarily, additional legal action may be necessary.

What happens after I record my Florida construction lien?

Once your lien has been properly recorded, several things may occur.

The property owner may contact you to negotiate payment, dispute the amount claimed or request additional documentation. In some cases, the owner’s lender may become involved because liens can affect financing, refinancing or the sale of the property.

Many disputes are resolved through negotiation before litigation becomes necessary. However, contractors should continue monitoring all applicable deadlines while those discussions are taking place.

How long do I have to enforce a construction lien in Florida?

A lawsuit to foreclose a construction lien must be filed within one year after the Claim of Lien is recorded. This deadline is extremely important. Waiting too long, even while settlement discussions continue, can render the lien unenforceable.

Because certain legal actions may shorten the time available to enforce a lien, contractors should consult experienced legal counsel well before any deadline approaches.

What is a lawsuit to foreclose a construction lien?

If payment cannot be resolved through negotiation, the lien claimant may file a lawsuit seeking to enforce the lien.

In simple terms, the lawsuit asks the court to determine whether the lien is valid and, if so, order payment of the amount owed through the remedies provided under Florida law, including judicial sale of the subject property.

Like any lawsuit, the property owner has the opportunity to raise defenses and challenge the lien.

Can the property owner challenge my lien?

Yes. Owners frequently dispute construction liens for a variety of reasons. For example, an owner may argue that:

• the lien was not timely recorded;
• the Notice to Owner was defective or not properly served;
• the amount claimed is incorrect;
• the work was incomplete or defective;
• statutory requirements were not satisfied; or
• the lien contains legal deficiencies.

Because Florida’s Construction Lien Law is highly technical, even relatively small mistakes may affect enforceability.

Can the owner force me to file suit sooner?

Yes. Under certain circumstances, Florida law allows a property owner to shorten the time available to enforce a construction lien by serving specific statutory notices. Those notices can significantly accelerate the deadline for filing a foreclosure action.

Contractors should never assume they still have the full one-year enforcement period without first determining whether any statutory notices have been served.

Can I recover attorney’s fees if I win?

Potentially. Florida’s Construction Lien Law contains provisions that may allow the prevailing party to recover attorney’s fees in certain circumstances. Whether attorney’s fees are available depends on the facts of the dispute and ultimate determinations by a court as to which party is deemed to have prevailed in the dispute. Because attorney’s fees can significantly affect the overall value of a claim, this issue should be discussed with your attorney early in the process.

Should I wait until the last minute to enforce my lien?

No. Waiting until a deadline is approaching can limit your legal options and place unnecessary pressure on your case. Construction disputes often involve reviewing contracts, payment records, change orders, notices, invoices and project documentation. Witnesses may also need to be interviewed, and additional investigation may be necessary before litigation begins.

Seeking legal guidance early provides more time to evaluate your rights, explore settlement opportunities and prepare your case if litigation becomes necessary.

Bottom Line

Recording a Claim of Lien is an important milestone, but it is often only one step in the payment recovery process. Florida law imposes strict deadlines and procedural requirements for enforcing construction liens, and failing to act on time may result in the loss of valuable lien rights.

If payment disputes arise after recording a lien, consulting a Florida construction attorney promptly can help protect your rights and determine the most effective strategy for pursuing the compensation you have earned. Businesses needing assistance in this regard may reach me at aaron.haak@henlaw.com to schedule a consultation.