Florida Statute 713 gives subcontractors aggressive lien rights. The state's construction lien law is dense, procedural, and unforgiving to GCs who don't track every step.

In 2024, Florida ranked third nationally in mechanics lien filings per capita, behind only California and Texas. Miami-Dade County alone saw 4,200 lien filings on construction projects.

GCs working in Florida need to understand exactly what lien rights their subs hold. Here are the seven lien rights that matter most.

1. The Right to File a Construction Lien Under Florida Statute 713.05

Florida Statute 713.05 grants subcontractors the right to file a claim of lien against the real property where they performed work or furnished materials.

This right is available to:

Subcontractors
Sub-subcontractors
Material suppliers
Laborers
Professional lienors (architects, engineers, surveyors)

The lien attaches to the property owner's interest, regardless of whether the owner has already paid the GC. A sub who is owed $50,000 by a GC can file a lien against the owner's $5 million property.

What GCs need to know: Florida law does cap the total sub lien exposure at the contract price between the owner and GC. If the GC contract is $2 million, total sub lien claims cannot exceed $2 million, regardless of what individual subs are owed. This cap is calculated under the "direct payment" provisions of Statute 713.06.

2. The Notice to Owner Right (Statute 713.06)

Florida requires most claimants (other than laborers and the GC) to serve a Notice to Owner within 45 days of first furnishing labor, services, or materials.

This is not optional. A subcontractor who fails to serve a timely Notice to Owner loses lien rights entirely.

The Notice to Owner must be served on:

The property owner
The GC
The construction lender (if any)

Notice to Owner Requirements	Details
Deadline	Within 45 days of first furnishing
Service method	Certified mail, hand delivery, or statutory service
Effect of late notice	Lien rights limited to work within 45 days before notice
Effect of no notice	Complete loss of lien rights
Exempt parties	Laborers, prime contractor
Required content	Name, address, description of services, property description

GC action item: Maintain a log of every Notice to Owner received on every project. Each notice represents a confirmed lien claimant. If you're paying a sub but haven't received their Notice to Owner, that sub may have unprotected lien rights -- which means the owner is also unprotected.

3. The Right to a Recorded Notice of Commencement

Florida Statute 713.13 requires the property owner to record a Notice of Commencement before construction begins. This document identifies the project, the owner, the GC, the surety (if bonded), and the lender.

Subcontractors have the right to rely on information in the Notice of Commencement when sending their Notice to Owner. If the Notice of Commencement contains incorrect information (wrong owner name, wrong GC address), the sub's lien rights are still preserved as long as they sent the Notice to Owner to the address listed.

The Notice of Commencement expires one year after recording unless the owner records a new one. If it expires during construction, sub lien rights become unpredictable.

Why GCs should care: If the owner fails to record a Notice of Commencement, subcontractors are not required to serve a Notice to Owner to preserve their lien rights. This means every sub and supplier on the project has automatic lien rights without any advance notice to the GC or owner.

This is one of the most dangerous scenarios in Florida construction. GCs should verify that a Notice of Commencement is recorded before starting work on any Florida project.

4. The Right to File Within 90 Days of Final Furnishing

Florida Statute 713.08 requires claimants to record their claim of lien no later than 90 days after the final furnishing of labor, services, or materials.

Key rules:

The clock starts from the claimant's last day of work, not the project's completion date.
Punch list work and warranty repairs can extend the final furnishing date.
Delivery of materials to the jobsite counts as furnishing, even if installation hasn't occurred.

Strategic implications for GCs:

A sub who completes rough-in work in January but returns for trim work in June has 90 days from June to file a lien. The GC who thought lien exposure ended in April is wrong.

Track the actual last day of work for every sub and supplier. Don't rely on substantial completion dates.

5. The Stop Notice Right (Statute 713.06(2))

Florida subcontractors can serve a "notice to contractor" that functions similarly to a stop notice. When a sub serves this notice, it alerts the GC that the sub has not been paid and may file a lien.

More importantly, the sub can also serve a notice directly on the owner requesting direct payment. Under Statute 713.06(2), the owner may make direct payments to subcontractors, and such payments are credited against the GC contract amount.

Stop Notice Mechanism	Effect
Notice to Contractor	Alerts GC to unpaid sub claim
Owner Direct Payment Request	Owner may pay sub directly, credited to GC contract
Effect on GC payments	Owner may withhold from GC to cover sub claims
Bond alternative	If GC posts payment bond, lien rights shift to bond

GC risk: An owner who receives direct payment requests from multiple subs may freeze all payments to the GC until the situation is sorted out. This is how payment cascades begin.

6. The Payment Bond Claim Right

When a GC posts a payment bond under Florida Statute 713.23, subcontractor lien rights transfer from the property to the bond.

This is a critical distinction. On bonded projects, subs cannot file liens against the property. Instead, they make claims against the GC's payment bond.

Requirements for a valid bond claim:

Sub must have served a timely Notice to Owner (same 45-day requirement)
Sub must serve a written notice of non-payment on the GC and surety
Claim must be filed within one year of final furnishing
The sub must file suit within one year of the claim

Why GCs should consider bonding: A payment bond eliminates the owner's direct exposure to sub liens, which keeps the owner-GC payment relationship clean. The cost of a payment bond (typically 1-3% of the contract) is often less than the cost of managing lien exposure on an unbonded project.

7. The Right to Contest Improper Lien Waivers

Florida law restricts the types of lien waivers that are enforceable. Under Statute 713.20, a sub's lien waiver is unenforceable unless it meets specific criteria:

The waiver must identify the specific project.
The waiver must state the amount being waived.
Blanket waivers (waiving all rights on all projects) are void.
A waiver given before work is performed is void.
An unconditional waiver given before payment is received may be challenged.

Florida does not have statutory waiver forms like California. This gives GCs flexibility in waiver design but also creates risk if the waiver language is too broad or doesn't meet Statute 713.20 requirements.

Waiver Type	Florida Enforceability
Conditional progress waiver	Enforceable (becomes effective on payment)
Unconditional progress waiver	Enforceable if payment received
Blanket project waiver	Void under 713.20
Pre-work waiver	Void under 713.20
Waiver with incorrect amount	Enforceable only to stated amount
Verbal waiver	Unenforceable

How GCs Should Coordinate Lien Waiver Collection in Florida

Because Florida lacks statutory waiver forms, GCs must develop compliant waiver templates:

Progress payments: Collect conditional waivers with each pay application. After payment clears, collect unconditional waivers confirming receipt.

Final payment: Collect a conditional final waiver with the final pay application. After retainage release, collect an unconditional final waiver.

Sub-subcontractors and suppliers: Require your subs to collect waivers from their subs and suppliers. Request copies with each pay application.

Cross-reference against Notice to Owner log: Every entity that served a Notice to Owner should have corresponding lien waivers. If a supplier served a Notice to Owner but you have no waiver from them, investigate.

Frequently Asked Questions

How much does it cost to file a mechanics lien in Florida? Recording fees vary by county but typically range from $10-$35 for the first page plus $8.50 per additional page. The real cost is in the required supporting documentation: many attorneys charge $1,500-$5,000 to prepare and file a Florida construction lien.

Can a Florida subcontractor lien a homestead property? Yes. Florida's homestead exemption protects property from many types of creditors, but mechanics liens are a specific exception. Construction liens can encumber homestead property if the work was authorized by the owner.

What happens if the Notice of Commencement expires during construction? The owner should record a new Notice of Commencement or an amendment. If the notice expires and is not renewed, sub lien rights may be affected, and GCs should treat all subs as having potential unnoticed lien rights.

Can a supplier who never visited the jobsite file a lien in Florida? Yes, if the materials were incorporated into the project. Material suppliers have lien rights in Florida regardless of whether they physically visited the site, provided they served a timely Notice to Owner.

Is there a minimum dollar amount for filing a Florida construction lien? No. Florida law does not set a minimum threshold. A sub can file a lien for any amount of unpaid work, though the practical cost of filing may discourage very small claims.

What is the contractor's final payment affidavit in Florida? Under Statute 713.06, the GC must provide the owner with a final payment affidavit listing all lienors who have not been paid in full. The owner relies on this affidavit to determine if all subs and suppliers have been paid before releasing final payment.

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