What is a Mechanics Lien and How to Fight This “Contractors Lien”

The renovation is finally done. The dust has settled, the new kitchen is gleaming, and you’ve just paid the general contractor’s final invoice. You’re ready to relax and enjoy your newly improved home.

Then, a certified letter arrives.

It’s not from your contractor. It’s from a drywall supplier you’ve never heard of. You open it to find a legal document titled “Claim of Lien.”

“But I paid my contractor in full!” you say. “How can this be?”

Welcome to the confusing, frustrating, and financially dangerous world of the mechanics lien (also known as a contractors lien). It’s one of the most common—and most misunderstood—traps a homeowner can fall into. At Barnes Walker, we see this scenario play out all too often. Let’s break down what this is, why it’s on your house, and how to protect yourself.

What in the World Is a Mechanics Lien?

First, let’s clear up the name. The term “mechanic” is an old-fashioned legal term for any artisan or laborer who provides work or materials. Today, it’s more accurately called a contractors lien, but the old name has stuck.

A mechanics lien is a legal claim against your real property.

Think of it as a financial barnacle that gets stuck to your property’s title. It’s an ugly, stubborn claim that makes it incredibly difficult to sell, refinance, or get a home equity loan. Why? Because the lien gives the contractor a security interest in your home.

This isn’t just a bill; it’s a powerful collection tool. If the lien is not paid, the lienholder (the contractor or supplier) has the right to file a lawsuit to foreclose on your home to satisfy the debt.

The Cast of Characters: Who Can File This Lien?

Here is the single most important thing to understand: It’s not just your general contractor (GC) who has lien rights.

In Florida, a mechanics lien can be filed by a wide range of people in the construction chain, even if you’ve never personally met or hired them.

• General Contractors: The person you hired.
• Subcontractors: The plumber, electrician, roofer, or painter your GC hired.
• Material Suppliers: The lumberyard, window manufacturer, or drywall company that sold materials to your GC or subcontractor.
• Laborers: Individual workers who performed labor on your site.
• Design Professionals: Architects and engineers who provided plans.

The “Innocent Owner” Trap: How Did This Happen?

This brings us back to the certified letter. The most common scenario we see is the “innocent owner” trap.

It works like this:

1. You hire a GC for a $50,000 project.
2. Your GC hires a roofer (a subcontractor) who does $10,000 worth of work.
3. You pay your GC the full $50,000, assuming they will pay everyone down the line.
4. The GC skips town, goes bankrupt, or simply… doesn’t pay the roofer.
5. The roofer can file a mechanics lien against your house for the $10,000 they are owed.

You are now legally on the hook for that $10,000, even though you already paid your GC for it. You may have to pay twice to get the lien removed.

Florida’s Lien Law: A Quick & Simple Roadmap

Florida’s construction lien law is a complex “road” with strict deadlines and requirements. Here are the key mile markers you need to watch for.

1. The “Warning Flare”: The Notice to Owner (NTO)

• What it is: This is the first document a subcontractor or supplier will send you, typically near the beginning of the job. It’s sent via certified mail.
• What it means: This is NOT a lien. It is a formal “hello” from a party you didn’t hire. It says, “We are working on your property, and we have the right to file a lien if we don’t get paid.”
• What to do: DO NOT IGNORE IT. This is your official warning. Start a file and keep a list of everyone who sends you an NTO. This is your checklist of who needs to be paid before the job is done.

2. The “Hammer Drop”: The Claim of Lien

• What it is: This is the actual mechanics lien. It’s the “financial barnacle.”
• What it means: A contractor has officially recorded a claim against your property in the county’s public records. This must be done within 90 days of their last day of work or material delivery.
• What to do: Your property title is now clouded. You must take action to resolve it.

3. The “Ticking Clock”: The Lawsuit to Foreclose

• What it is: The clock is now running for the lienholder. They have exactly one year from the date the lien was recorded to file a lawsuit to foreclose on it.
• What it means: If they don’t file a lawsuit in that one-year window, the lien is generally void. This is a key defense, but you can’t just wait it out. A cloud on your title for a year is still a major problem.

Your Shield & Sword: How to Protect Yourself

You are not powerless. The Florida Lien Law was designed to be a balance, and it gives owners powerful tools to protect themselves.

1. Your Shield: The Release and Waiver of Lien This is your most important tool. A “Lien Waiver” (or “Release”) is a legal receipt. It’s a document where the contractor or supplier gives up their right to file a lien for the work they’ve been paid for.

• How to use it: Every time you make a payment (a “progress payment”), you must get a “Partial Release of Lien” from your GC and all subcontractors who sent you an NTO for the amount you are paying.
• Before the final payment: Do not write that last check until you have a “Final Release of Lien” from the GC and every single subcontractor and supplier.

2. Your Sword: The Contractor’s Final Affidavit Before making the final payment, you have the right to demand a “Contractor’s Final Affidavit” from your general contractor.

This is a sworn statement where your GC lists every single person (subcontractor, supplier, etc.) who worked on the job and how much money they are still owed, if any.

• If it lists people who are still owed money, you can (and should) pay those people directly—this is called a “proper payment”—and deduct that amount from the GC’s final check.
• If the affidavit is false (and the GC swears everyone is paid), it gives you a strong defense if a lien pops up later.

What to Do if a Lien Is Already Filed

If it’s too late and that “barnacle” is already on your title, don’t panic. But you must act.

A mechanics lien may be invalid if the contractor:

• Failed to send a Notice to Owner.
• Missed the 90-day deadline to record the lien.
• Failed to file a lawsuit within the one-year deadline.
• Included charges not allowed by law (like attorney’s fees) in the lien amount.

These are highly technical legal defenses. This is not a DIY project.

Don’t Let a Renovation Become a Lawsuit

A mechanics lien is a powerful and dangerous tool for a contractor and a devastating legal trap for a homeowner. Navigating the world of NTOs, proper payments, and lien waivers is a complex process where a simple mistake can cost you tens of thousands of dollars or even your home.

Whether you are a homeowner about to start a project, a property owner who just received a Notice to Owner, or a contractor needing to file a proper lien, the stakes are too high to guess. The experienced real estate and construction law attorneys at Barnes Walker understand every detail of Florida’s complex lien law. We can help you set up your project for success, or fight to have an improper lien discharged.

Don’t wait until the “barnacle” is stuck. Contact us for a consultation today.