As a contractor, subcontractor, or construction professional in Florida, getting paid for your work isn’t just good business, it’s your legal right. Yet, payment disputes are common in the construction industry, especially when owners, developers, or general contractors delay or refuse payment.
At Revah Law, we represent contractors and subcontractors across Florida in enforcing their rights under the Florida Construction Lien Law. We help our clients file, perfect, and foreclose liens, negotiate payment resolutions, and litigate construction contract disputes to ensure they receive the compensation they’ve earned.
Overview of Florida’s Construction Lien Law
Florida’s Construction Lien Law (Chapter 713, Florida Statutes) provides contractors, subcontractors, material suppliers, and design professionals a legal mechanism to secure payment for labor, services, or materials furnished to improve real property.
However, the law imposes strict procedural requirements, missing a single notice or deadline can extinguish your lien rights entirely. Courts consistently require strict compliance, meaning even technical errors can be fatal to a claim.
Key Statutory Requirements for Perfecting and Enforcing a Lien
1. Claim of Lien – Fla. Stat. § 713.08
A lienor must record a Claim of Lien in the public records of the county where the property is located. The claim must:
- Include specific statutory language warning the owner of their rights;
- Identify the property, owner, and contracting party; and
- Describe the labor or materials furnished.
Minor clerical errors that do not prejudice the owner will not invalidate the lien. However, no lien rights exist until the claim is recorded.
2. Contractor’s Affidavit – Fla. Stat. § 713.06
Before filing an action to enforce a lien, a contractor must execute and deliver a Contractor’s Affidavit to the property owner at least five days before suit. The affidavit must:
- State whether all lienors under the contractor’s direct contract have been paid, or
- Identify any unpaid lienors.
If unpaid lienors are listed, the owner may pay them directly and deduct those payments from the contractor’s balance. Owners are not obligated to pay lienors who have not served a Notice to Owner at the time payment is made.
Courts interpret this requirement strictly. In Privas v. Brisson Custom Homes, Inc., 817 So. 2d 983 (Fla. 5th DCA 2002), a contractor’s failure to deliver the affidavit barred foreclosure of the lien. Likewise, in Bishop Signs, Inc. v. Magee, 494 So. 2d 532 (Fla. 2d DCA 1986) and Falovitch v. Gunn & Gunn Constr. Co., 348 So. 2d 560 (Fla. 3d DCA 1977), liens were invalidated for noncompliance, even where contractors claimed no subs were involved.
However, in State-Wide Constr. v. Dowda, 418 So. 2d 1238 (Fla. 5th DCA 1982), the court held that mailing the affidavit at least five days before filing suit satisfied the statute, even if the owner received it four days prior, clarifying the meaning of “delivery” under §713.06(3)(d)(1).
3. Lienable Services – Fla. Stat. § 713.05
Contractors may claim a lien for labor, materials, or services furnished by others under their supervision, but if a lower-tier lienor also files a valid lien, the contractor’s lien may be reduced to prevent double recovery. No lien exists until the claim is recorded, and lien rights extend only to those in privity with the owner or who later establish privity.
In Sowers v. Hoenstine, 417 So. 2d 1137 (Fla. 5th DCA 1982), the court denied a lien foreclosure because the contractor failed to file the required affidavit, awarding attorney’s fees to the property owner as the prevailing party.
4. Mandatory Contract Notice – Fla. Stat. § 713.015
For residential projects exceeding $2,500, direct contracts must include a specific notice (in bold, capitalized type and signed by the owner) advising of the contractor’s lien rights.
Failure to include this notice does not automatically bar lien enforcement, unless the omission adversely affects the owner’s rights. This statute aims to protect owners while preserving legitimate contractor lien claims.
5. Lien Waivers and Releases – Fla. Stat. § 713.20
Contractors and subcontractors may waive or release lien rights in exchange for payment using statutory forms. The statute prohibits requiring lienors to use non-statutory forms and clarifies:
- Waivers may be conditional on receipt of payment (e.g., checks clearing);
- Lien rights cannot be waived in advance of furnishing labor or materials.
Properly managing lien waivers is essential to avoiding disputes, especially in multi-tiered construction projects with numerous subcontractors and suppliers.
Case Law Emphasizing Strict Compliance
Florida courts consistently enforce the Construction Lien Law’s procedural rules with little flexibility.
- Privas v. Brisson Custom Homes, Inc. – Affidavit not delivered = lien unenforceable.
- Bishop Signs, Inc. v. Magee – Unsworn assertion that no subs were used = insufficient.
- Falovitch v. Gunn & Gunn Constr. Co. – Failure to furnish affidavit = automatic bar to foreclosure.
- Sowers v. Hoenstine – Noncompliance with §713.05 and §713.06 = dismissal and attorney’s fees.
In short: strict compliance is non-negotiable. Any mistake in notice, affidavit, or timing can cost you your right to payment.
Administrative and Related Lien Regulations
Although Florida’s Construction Lien Law is the primary authority, several Florida Administrative Code (F.A.C.) regulations deal with related lien and enforcement procedures:
- Rule 12-21.002: Addresses the expiration and enforcement of tax liens, including corporate and estate tax liens — illustrating how lien enforcement operates across Florida statutes.
- Rule 69A-71.004: Authorizes foreclosure of liens created under local enforcement actions after three months of non-payment but bars foreclosure on homestead property under the Florida Constitution.
- Rule 15C-15.003: Governs vessel lien satisfactions, outlining procedures when a lienholder is permanently unavailable — requiring a 30-day notice and response period.
While these rules apply to specific lien types, they demonstrate Florida’s broader commitment to due process and clear enforcement procedures in lien law contexts.
Protecting Contractors’ Rights in Payment Disputes
At Revah Law, we represent contractors in all types of construction payment and lien disputes, including:
- Filing and enforcing construction liens;
- Defending against fraudulent lien claims;
- Drafting and reviewing contractor affidavits and notices to owners;
- Handling lien release and waiver disputes;
- Litigating breach of contract and quantum meruit claims;
- Pursuing payment from owners, developers, or upstream contractors;
- Defending contractors against owner counterclaims for defective work or delays.
Our firm understands the construction process, from bid to build to closeout, and uses that insight to develop aggressive, strategic legal solutions to secure payment and protect your business reputation.
Why Choose Revah Law to Represent Your Construction Company
- Experienced in Florida Lien Law Compliance: We help contractors perfect their lien rights and avoid fatal procedural errors.
- Focused on Contractor Advocacy: We represent builders, subcontractors, and tradesmen, not just owners or developers.
- Comprehensive Legal Support: From contract drafting and risk management to litigation and lien foreclosure, we provide full-service representation.
- Proven Track Record: Our litigation strategies are rooted in precedent — from Privas to Falovitch — ensuring compliance and maximum enforceability of your claims.
- Personalized Service: Every client receives direct attention from an experienced construction law attorney familiar with Florida’s statutes, deadlines, and court procedures.
Contact Revah Law — Florida Construction Attorneys for Contractors
If you’re a general contractor, subcontractor, or material supplier facing nonpayment, lien disputes, or breach of contract in Florida, don’t wait until your lien rights expire.
Contact Revah Law today to speak with an experienced Florida construction law attorney. We’ll review your contracts, deadlines, and payment records to ensure your rights are protected and your lien is properly perfected.