Florida · Deadlines · Episode 2
Florida Lien Deadlines
Chapters
- The job
- Notice
- Claim
- Recorded
- Affidavit
- Recap
In short
Under Florida Statutes chapter 713, a lienor with no contract with the owner serves a Notice to Owner within 45 days of first furnishing. A claim of lien is recorded within 90 days of final furnishing and served on the owner within 15 days of recording. The lien lasts one year from recording unless an action to enforce it is started, or 60 days after the owner records a notice of contest. A contractor in privity serves a final payment affidavit at least 5 days before suing.
- 45 days from first work: the Notice to Owner.
- 90 days from last work: record the claim of lien; 15 days to serve it.
- 1 year to enforce, or 60 days after a notice of contest of lien.
- Final payment affidavit at least 5 days before filing suit.
Transcript
The job
In Florida, a construction lien is only as good as its deadlines. Miss one and the right to be paid through the property can be gone. Here they are, on one job. A subcontractor with no contract with the owner starts work on March 2nd.
Notice
First deadline: the Notice to Owner, within 45 days of first furnishing. Here, by April 16th. Without it, a lienor with no contract with the owner cannot perfect a lien.
Claim
The work ends on July 31st. That starts the second clock. The claim of lien must be recorded within 90 days of final furnishing: by October 29th. And a copy goes to the owner within 15 days of recording.
Recorded
Pause. The claim is recorded. If no one sues, how long does the lien last? One year. An action to enforce it must start within a year of recording. The owner can shorten that. A notice of contest of lien cuts it to 60 days.
Affidavit
One more, for the contractor who does have a contract with the owner. Before suing, the contractor serves a final payment affidavit, at least 5 days before filing.
Recap
45 to notify, 90 to record, 15 to serve, 5 before suing, one year to enforce. Next: California home improvement contracts. Subscribe so you catch it.
Sources
- Fla. Stat. 713.06(2)(a) and 713.06(3)(d)
- Fla. Stat. 713.08(4)(c) and 713.08(5)
- Fla. Stat. 713.22(1) and (2)
Independent study material. EstatePass is not affiliated with NASCLA, PSI, Pearson VUE, the Florida CILB or the CSLB, and nothing here is legal advice. Any jobs and companies in our episodes are fictional.