Florida Construction Liens

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Commonly Asked Questions about Florida Construction Liens

What are the defenses to a construction lien in Florida?

A critical defense is that the lien is fraudulent, which may arise if the lien amount is intentionally inflated or includes amounts for work not performed or that are not considered lienable under Floridas Construction Lien Law. Florida law strictly enforces the accuracy of lien amounts.

What happens if a contractor puts a lien on my house in Florida?

If a lien is filed against your property, you will not be able to sell it, and it could even be sold against your will to pay for the outstanding costs for labor, materials or other services. Here are basic tips to help you avoid construction liens on your property.

What is the construction lien law in Florida?

ING TO FLORIDAS CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.

How long does a construction lien last in Florida?

How do you enforce a lien in Florida?

A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days.

How to enforce a construction lien in Florida?

A lien is enforced by filing a lawsuit to foreclose the lien. Most often, this lawsuit will need to be filed in a county or circuit court based on the propertys location. In some scenarios, your suit can be filed using Florida Small Claims Rules.