Question 1

What is a mechanics lien?

Accepted Answer

A mechanics lien (also called a construction lien in Florida) is a legal claim against real property by a person who has provided labor, materials, or services for the improvement of the property and has not been paid. Under Florida’s Construction Lien Law (Chapter 713), mechanics liens: attach to the property itself (not the property owner personally), provide security for unpaid construction debts (the lien claimant can foreclose on the property to collect payment), and have priority dating back to the date of the Notice of Commencement (or the date construction began, if no Notice of Commencement was recorded). Mechanics liens are available to: general contractors, subcontractors, sub-subcontractors, material suppliers, and laborers.

Question 2

What are the requirements for filing a mechanics lien in Florida?

Accepted Answer

Requirements: Notice to Owner (Section 713.06(2)): subcontractors, sub-subcontractors, and material suppliers must serve a Notice to Owner within 45 days of first furnishing labor or materials (failure to serve this notice bars the lien), Claim of Lien (Section 713.08): the lien must be recorded in the county public records within 90 days after the final furnishing of labor or materials, the Claim of Lien must include: the claimant’s name and address, a description of the property, the amount owed, a description of the services or materials furnished, and the dates of first and last furnishing. Foreclosure action (Section 713.22): the lien claimant must file a foreclosure lawsuit within 1 year of recording the Claim of Lien (failure to file within 1 year automatically extinguishes the lien).

Question 3

How does a Florida mechanics lien affect the property owner?

Accepted Answer

Owner impact: the mechanics lien creates a cloud on the property’s title (the owner cannot sell or refinance the property without addressing the lien), the lien claimant can foreclose on the property (if the lien is not paid or bonded off, the claimant can force a sale of the property), and the owner may be liable for the lien even if the owner has already paid the general contractor (the owner’s exposure is limited to the amount remaining unpaid on the contract at the time the Notice to Owner is served). Protections for owners: the Notice of Commencement (Section 713.13) should include the "no lien" provision, which limits the owner’s liability to amounts not yet paid. The owner should also: verify that the general contractor is paying subcontractors, require lien waivers from subcontractors before making progress payments, and use a construction disbursement service if dealing with large projects.

Mechanic’s Lien

Mechanics Liens (Construction Liens) in Florida

Who Can Lien

Requirements

Owner Protection

Related Terms

Barnes Walker Construction Law

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