Florida construction lien law basics: Notice of Commencement, Notice to Owner, claims of lien and bond claims

On private projects, Florida's Construction Lien Law (Part I of Chapter 713, Florida Statutes) gives unpaid contractors, subcontractors, suppliers and laborers a lien on the improved property. Those rights depend on strict notices and deadlines, and missing one can wipe out a valid claim. Public property can't be liened, so on public jobs the protection is the contractor's payment bond under section 255.05. Here is how the main pieces fit.

Private projects (Chapter 713)

1. Notice of Commencement (owner)

The owner records a Notice of Commencement before work starts. It names the owner, contractor, surety and lender, and it starts the clock for lien priority. Under section 713.13:

• A notice is void if the improvement isn't actually started within 90 days after recording.
• If the contract's completion period is longer than one year, the notice must say it is effective for one year plus the extra time.
• Owner payments made after a notice expires are considered improper payments.

Get a copy of the recorded notice before you start. It tells you who to serve and whether there is a payment bond.

2. Notice to Owner (subs and suppliers)

If you don't have a direct contract with the owner, you must serve a Notice to Owner to keep your lien rights. Section 713.06 requires it:

• before you begin, or no later than 45 days after you begin, furnishing labor, services or materials; and
• in any event, before the owner makes final payment after the contractor has given its final payment affidavit.

A supplier to a sub-subcontractor must also serve a copy on the contractor, and on the subcontractor if it knows the subcontractor's name and address. The notice is required no matter how the owner pays. Most experienced subs and suppliers send an NTO on every private job as routine, not as a sign of distrust.

3. Contractor's final payment affidavit

When final payment under a direct contract comes due, section 713.06(3)(d) requires the contractor to give the owner a final payment affidavit. It states that every lienor who timely served a Notice to Owner has been paid in full, or it names those who haven't. Owners and lenders rely on it, and subs who served NTOs should make sure they are listed correctly.

4. Claim of Lien

If you aren't paid, section 713.08 lets you record a Claim of Lien at any time during the work or afterward, but no later than 90 days after your final furnishing of labor, services or materials. If the original contract is terminated, a different 90-day rule applies. You must serve the claim on the owner. Failing to serve it before recording or within 15 days after makes the lien voidable to the extent the delay hurt someone who relied on service.

5. Enforcing the lien

Under section 713.22, a lien lasts one year after the claim is recorded unless you file a lawsuit to enforce it within that year. The owner can shorten the time by recording a Notice of Contest of Lien. Once the clerk serves that notice, you have 60 days to sue, or the lien is automatically extinguished.

6. When the job is bonded

If the owner's contractor has posted a payment bond under section 713.23, claimants look to the bond instead of the property. A lienor not in privity with the contractor (other than a laborer) must give the contractor written notice within 45 days of beginning work that it will look to the bond. A timely Notice to Owner served on the contractor satisfies this. An unpaid claimant must also serve a sworn notice of nonpayment on the contractor and surety no later than 90 days after final furnishing, and sue within one year of the last day of furnishing.

Public projects (section 255.05 bonds)

On state, county, city and other public construction, the prime contractor usually has to post a payment and performance bond. Section 255.05 sets the thresholds:

• State contracts of $100,000 or less don't require one.
• A local government may exempt contracts of $200,000 or less.

To claim on the bond, a claimant not in privity with the contractor must:

• serve a notice that it intends to look to the bond, before starting or within 45 days of starting work;
• serve a sworn notice of nonpayment no earlier than 45 days after first furnishing and no later than 90 days after final furnishing; and
• file suit within one year after its work or deliveries end. Retainage claims have their own conditions.

Public jobs also have prompt-payment rules. Under section 255.073, contractors must pay subs and suppliers within 10 days of being paid. Since July 1, 2026, a licensed contractor's knowing failure to pay within 45 days can also lead to license discipline (SB 290).

Deadline cheat sheet

• Notice of Commencement: void if work doesn't start within 90 days of recording (s. 713.13).
• Notice to Owner: within 45 days of first furnishing, and before final payment (s. 713.06).
• Claim of Lien: within 90 days of final furnishing; serve within 15 days (s. 713.08).
• Lien lawsuit: within 1 year of recording, or 60 days after a Notice of Contest (s. 713.22).
• Private payment bond: notice within 45 days; nonpayment notice within 90 days; suit within 1 year (s. 713.23).
• Public payment bond: notice within 45 days; nonpayment notice 45 to 90 days; suit within 1 year (s. 255.05).

Lien law is technical and the statutes contain forms, exceptions and service rules this summary leaves out. This is general information, not legal advice. Talk with a construction lawyer before recording a lien or filing suit.