When it comes to construction projects, securing payment is critical. For contractors, subcontractors, suppliers, and other professionals in the construction industry, filing a claim of lien is often an essential step when payment issues arise. But in Florida, simply recording a claim of lien isn’t enough. Strict deadlines apply and missing them can permanently bar your right to collect.
A claim of lien is a legal document filed by a contractor, subcontractor, material supplier, or other eligible party to secure payment for labor or materials provided on a construction project. Once recorded, the lien attaches to the property and gives the claimant the right to seek payment through foreclosure. But remember, a claim of lien is only good for a limited time unless enforced through a lawsuit.
Under Florida law, a lienor has one (1) year from the date the claim of lien is recorded to file a lawsuit to foreclose on the lien. Florida Statute section 713.22(1). If you do not file suit within this one-year period, your lien becomes invalid and unenforceable — even if you’re still owed money.
The property owner (or another interested party) can shorten the time by recording and serving a legal document called a Notice of Contest of Lien. Once this document is served, you have 60 days (not one year) from the date of service to file a foreclosure lawsuit. Failure to do so within 60 days results in automatic extinguishment of the lien. So, if you receive a Notice of Contest of Lien, time is of the essence, and you should consult a construction law attorney immediately.
If you fail to foreclose your lien within the required timeframe:
To preserve your rights and avoid costly mistakes:
Florida’s lien laws offer strong protections for construction professionals — but only if you follow them closely. If you’ve recorded a claim of lien, remember, you have one year to act, and possibly only 60 days if contested. Missing this window could mean walking away from money you’re rightfully owed.
Need help enforcing your lien rights or navigating a Notice of Contest? Contact our office today to schedule a consultation with an experienced Florida construction law attorney.
⚖️ Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult a qualified attorney about your specific needs.
A claim of lien is a legal document filed by a contractor, subcontractor, material supplier, or other eligible party to secure payment for labor or materials provided on a construction project. Once recorded, the lien attaches to the property and gives the claimant the right to seek payment through foreclosure. But remember, a claim of lien is only good for a limited time unless enforced through a lawsuit.
Under Florida law, a lienor has one (1) year from the date the claim of lien is recorded to file a lawsuit to foreclose on the lien. Florida Statute section 713.22(1). If you do not file suit within this one-year period, your lien becomes invalid and unenforceable — even if you’re still owed money.
The property owner (or another interested party) can shorten the time by recording and serving a legal document called a Notice of Contest of Lien. Once this document is served, you have 60 days (not one year) from the date of service to file a foreclosure lawsuit. Failure to do so within 60 days results in automatic extinguishment of the lien. So, if you receive a Notice of Contest of Lien, time is of the essence, and you should consult a construction law attorney immediately.
If you fail to foreclose your lien within the required timeframe:
- The lien becomes void.
- You lose your legal right to enforce it through foreclosure.
- You may still pursue other legal remedies (like breach of contract), but without the powerful leverage a lien provides.
To preserve your rights and avoid costly mistakes:
- Track all lien deadlines carefully — from NTOs (Notices to Owners) to the lien recording date.
- Respond promptly if you receive a Notice of Contest of Lien.
- Work with a construction attorney to file your lien properly and enforce it before the deadline.
- Don’t wait until the 11th hour. Even simple filing errors or service issues can delay a case.
Florida’s lien laws offer strong protections for construction professionals — but only if you follow them closely. If you’ve recorded a claim of lien, remember, you have one year to act, and possibly only 60 days if contested. Missing this window could mean walking away from money you’re rightfully owed.
Need help enforcing your lien rights or navigating a Notice of Contest? Contact our office today to schedule a consultation with an experienced Florida construction law attorney.
⚖️ Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult a qualified attorney about your specific needs.
RSS Feed