When a contractor, subcontractor, or supplier completes work or provides materials for a construction project, they expect to be paid for their efforts. Unfortunately, that doesn’t always happen, but a construction lien can serve as a powerful tool to protect your right to payment. However, deadlines govern when and how a lien can be filed. Missing these deadlines can completely destroy your claim. Continue reading and reach out to a knowledgeable Florida construction lawyer from Ansbacher Law to learn more about construction liens and how long you will have to file one. Here are some of the questions you may have:
What Is a Construction Lien?
A construction lien, sometimes called a mechanic’s lien, is a legal claim placed on a property by someone who has provided labor, services, or materials to improve it. In Florida, the right to file a lien is established by Chapter 713 of the Florida Statutes. This law ensures that people who contribute to a property’s improvement have a means of securing payment, even if the property owner or general contractor fails to pay. When a valid lien is filed, it attaches to the property itself, preventing the owner from selling or refinancing it until the debt is resolved. In essence, it gives the unpaid party leverage to compel payment or pursue foreclosure on the property.
How Long Do You Have to File a Construction Lien in Florida?
Florida’s lien deadlines are strict and vary depending on your role in the project. In most cases, contractors, subcontractors, and material suppliers must file their Claim of Lien within 90 days of the last day they furnished labor, materials, or services to the project. This is not the same as the date the job ended or when payment was due; it specifically refers to the last day you performed work or delivered materials.
Before filing a lien, however, most parties must serve a Notice to Owner within 45 days of first providing labor or materials. This notice informs the property owner that you are working on the project and may later file a lien if payment isn’t made. General contractors typically don’t have to send a Notice to Owner because they already have a direct contract with the property owner, but everyone else, such as subcontractors, sub-subs, and suppliers, usually does.
Once the lien is filed, it isn’t permanent. You must enforce it within one year from the date of filing, unless the property owner contests it sooner by filing a Notice of Contest of Lien. If that happens, you have only 60 days to file a lawsuit to enforce your lien. Failure to meet these timeframes will result in the lien becoming void.
What Happens If You Miss the Deadline?
Unfortunately, Florida courts strictly enforce these time limits. If you miss even one deadline, your lien rights are lost forever. You might still have the ability to sue for breach of contract or pursue other remedies, but the lien itself, arguably the most powerful tool to secure payment, will no longer be available. That’s why it’s crucial to keep accurate records of when work was performed, when materials were delivered, and when notices were sent.
If you believe you’re owed money for construction work, don’t wait until it’s too late. Contact a dedicated attorney from Ansbacher Law for an initial consultation today.