Construction industry workers, contractors, and suppliers should be aware of the appropriate filing deadlines for liens in their state to protect their financial interests in work done for property owners. Get to know the timelines of Florida Property Title Lien Laws (Florida Statutes subsection 713-001 et seq).
Notice Requirements for Mechanics Liens in Florida
In the state of Florida, primary contractors are not required to offer preliminary notice. Primary contractors must file claims of lien within ninety (90) days of completion or last date of work on a given project, which includes serving owner of project with lien within fifteen (15) days of filing. Primary contractors must execute and deliver to owner Primary contractors must execute and deliver to the owner a final contractor's affidavit and deliver it to the owner at least five (5) days before instituting a lien foreclosure. Primary contractors have one (1) year following the claim of lien was filed to begin foreclosure action. If the owner records a notice of contest of lien, primary contractors have 60 days to institute action, or if summons to show cause is received, twenty (20) days are allotted.
Sub Contractors in Florida
Sub contractors must serve notice to owner within these timelines:
- Forty-five (45) days after first starting to furnish materials and/or services or within forty-five (45) days of commencing to make “specially fabricated materials” or
- Before the date of the owner's final payment under the owner's contract with the contractor who furnished the affidavit stating that all lienors under it have been paid.
Sub contractors must record your lien within ninety (90) days of the last work performed and have it recorded within fifteen (15) days thereafter. Sub-subcontractors are required to service notices on others as designated by the owner, including Notice to Owner, filed within the earlier of:
- Forty-five (45) days of first beginning to furnish services and/or materials; or
- Before final payment to the subcontractor through whom the sub-subcontractor is working.
If you are a laborer, you must file a claim of lien within ninety (90) days of the last work performed on the jobsite, and then serve it upon the owner within fifteen days of filing. You must take action to foreclose on the lien within one year after filing your claim of lien. If the owner records a notice of contest of lien, you must institute action within ninety (90) days, or within twenty (20) days if a summons to show cause is received.
Materials Suppliers in Florida
If you are dealing directly with the owner, you must follow the same notice and lien procedures as the primary contractor, with the exception that no Final Contractor's Affidavit is required prior to filing a lien. If you are dealing directly with the primary contractor, you need to follow the notice and lien procedures pertaining to subcontractors. If you are dealing with subcontractors, then follow the notice and lien procedures for subcontractors. You have one (1) year to commence an action to foreclose after your claim of lien is filed. If the owner files a notice of contest of lien, you must institute action within ninety (90) days, or within twenty (20) days if a summons to show cause is received.
More Info: Florida Property Law