Builder’s Lien

Definition: A builder’s lien, also known as a mechanic’s lien or construction lien, is a legal claim made by contractors, subcontractors, or suppliers who have not been paid for labor or materials provided in a construction project. It serves as a security interest against the property they worked on, ensuring they can recover owed payments. The lien must be properly filed within a specific time frame to be enforceable. Once recorded, it can cloud the property’s title and must be resolved before the property is sold or refinanced.

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Builder's Liens in Florida

A builder's lien (construction lien) under Florida Chapter 713 provides contractors, subcontractors, and suppliers with a security interest in real property they have improved, ensuring payment for labor and materials furnished.

Filing Requirements

Florida construction lien claimants must serve a Notice to Owner within 45 days of first furnishing (for subcontractors/suppliers), record the Claim of Lien within 90 days of last furnishing, and file suit to enforce within one year. Strict compliance with these deadlines is required; failure to meet any deadline forfeits lien rights.

Owner Protections

Property owners protect against liens through lien waivers upon payment, payment bonds transferring lien claims from the property to the bond, Notice of Commencement recording, and verified payment tracking. The Chapter 713 framework balances contractor payment rights with property owner protections.

Related Terms

Barnes Walker Real Estate

Barnes Walker handles construction lien claims for contractors and property owners. Contact us for guidance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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