Question 1

What is a notice of intent to lien in Florida?

Accepted Answer

A notice of intent to lien is a pre-lien warning sent by a contractor, subcontractor, or supplier to the property owner, informing them that a construction lien will be filed if payment is not received. While not strictly required by Chapter 713 (the lien can be filed without a pre-lien warning), the notice serves as: a demand for payment (giving the owner one last opportunity to pay before a lien is filed), a warning of consequences (the lien will encumber the property, potentially preventing sale or refinancing), and documentation (creating a record of the claim and the payment demand).

Question 2

Is a notice of intent to lien required in Florida?

Accepted Answer

Requirement: a notice of intent to lien is NOT a statutory requirement under Chapter 713 (unlike the notice to owner, which IS required). However: the notice of intent is a practical tool (it often prompts payment without the need to file a lien), some construction contracts require a notice of intent before filing a lien, and the notice demonstrates good faith (showing that the claimant attempted to resolve the dispute before filing a lien). The statutory prerequisites for filing a lien are: the claimant must have served a timely notice to owner (NTO) within 45 days of first furnishing (Section 713.06(2)), and the lien must be filed within 90 days of last furnishing (Section 713.08).

Question 3

What should a Florida notice of intent to lien include?

Accepted Answer

Contents: the claimant’s name and address, the property description, the amount owed, a description of the labor, services, or materials furnished, a statement that a lien will be filed if payment is not received within a specified period (typically 5-15 days), and a reference to the claimant’s right to file a lien under Chapter 713. The notice should be sent by certified mail, return receipt requested, and copies should be sent to: the property owner, the general contractor, and the lender (if known).

Notice of Intent to Lien

Notice of Intent to Lien in Florida

Purpose

Not Required, But Practical

Contents

Related Terms

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