Construction Advocates Association
115 Myrtle Lane, Daytona Beach, FL 32114
PHONE: (386) 257-1536   FAX: (386) 257-1563
lienlaw1@cfl.rr.com
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LIEN LAW BASICS

One of the most important tools you have is your legal ability to enforce collecting using Florida's Construction Lien Law. You go to the job site with the proper tools, you should also protect your right to be paid for the work you do.

Before actually starting work:

  1. If you are not working directly for the property owner, a Notice to Owner must be in the hands of the property owner no later than 45 days from the first day of billable work. It is advisable to send your Notice to Owner right away to obtain your lien rights. If you don't get a proper Notice to Owner to the property owner timely, you will not have lien rights.
    • Remember, even if the owner actually knows you are performing work, you must serve them with a Notice to Owner
  2. What happens if you don't get paid? You use your Lien Rights. File a Claim of Lien against the property you improved. A Claim of Lien must be recorded no later than 90 days from the last substantial completion of work, excluding punch-list or warranty work.
  3. A proper and timely Claim of Lien gives you the right to FORECLOSE on the property if you don't get paid. The lien foreclosure action must be filed within 1 year of the date the Claim of Lien was recorded.
  4. If the project is protected by a Payment Bond, a Notice of Non-Payment must be in the hands of the General Contractor and Surety no later than 90 days from your last substantial completion of work.

NOTE: Florida Construction Lien Law is known to be the most complex set of laws in Florida. The above is a brief outline of common forms used and time limits to send them. As a member of Construction Advocates Assoc., you can be sure your documents will be prepared and sent according to the most recent statutes. We track the delivery of these documents as well. All your documents are stored with us digitally for future access.

Please contact us with any questions you may have. (386) 257-1536