What a mechanics lien is and how Florida law treats it
A mechanics lien is a legal claim against a property that a contractor, subcontractor, or supplier can file if they are not paid for work or materials they provided. In Florida, the lien attaches to the real property itself — not just to the owner's bank account — which means the property cannot be sold or refinanced until the lien is resolved. This gives unpaid workers a concrete way to recover money without filing a separate lawsuit first.
Florida's mechanics lien law is codified primarily in Chapter 713 of the Florida Statutes. The law applies to improvements to real property, which includes construction, repairs, renovations, and the supply of materials for those purposes. The lien does not explore to personal property or to work that does not physically attach to or improve the land.
The key difference between a mechanics lien and a standard debt is that the lien gives the contractor or supplier a claim against the property itself. If the property owner sells the home or tries to refinance, the title company or lender will discover the lien and will not close the transaction until it is paid off. This leverage is why mechanics liens are powerful — they force resolution even if the property owner ignores invoices or refuses to pay.
Key Takeaways
- A mechanics lien in Florida is a legal claim against real property filed by contractors, subcontractors, or suppliers who were not paid for work or materials.
- To file a lien in Florida, you must first send a Notice to Owner within 45 days of starting work, and then file the lien itself within 90 days of the last date you provided labor or materials.
- Property owners can challenge a lien by filing a claim of lien foreclosure action or by posting a bond equal to 125 percent of the lien amount plus costs and attorney fees.
- Homeowners who hire contractors should understand that liens can be filed against their property even if they paid the contractor, if that contractor did not pay subcontractors or suppliers.
- The Notice to Owner requirement protects homeowners by informing them that liens may be filed; without this notice, a homeowner's defenses are limited.
Who can file a mechanics lien in Florida
Florida law allows several categories of people to file a mechanics lien. The most obvious are contractors — the person or company hired directly by the property owner. But subcontractors (hired by the contractor), sub-subcontractors (hired by the subcontractor), and suppliers of materials can also file liens, even if they never had a direct contract with the property owner.
A supplier who delivers concrete, lumber, or HVAC equipment to a job site can file a lien against the property if the contractor or subcontractor who ordered the materials does not pay. This is true even if the property owner paid the contractor in full. The property owner's only recourse in that situation is to pursue the contractor for breach of contract — the lien still attaches to the property.
Laborers and employees can also file liens in Florida, though the process and rules differ slightly. A worker who was hired directly by the property owner has stronger lien rights than a worker hired by a contractor. The distinction matters because it affects the important date for filing and the amount of notice required.
The Notice to Owner requirement and timeline
Before a contractor, subcontractor, or supplier can file a mechanics lien in Florida, they must first send a Notice to Owner to the property owner. This notice must be in writing and must be sent within 45 days of the first date the contractor began work or first delivered materials to the property. The notice informs the owner that liens may be filed against the property if payment is not made.
The Notice to Owner is critical because it protects the property owner's rights. If the contractor does not send this notice within 45 days, the property owner gains additional defenses against the lien. Specifically, the owner can claim that they paid the contractor in good faith without knowledge that subcontractors or suppliers had not been paid. This defense is much harder to use if the owner received proper notice.
The notice must include specific information: the contractor's name and address, a description of the property, the owner's name, and a statement that the contractor may file a lien if not paid. Florida Statute 713.06 sets out the exact language and format required. A notice that is missing required information or sent after the 45-day window may be invalid, which weakens the contractor's lien rights.
Filing the lien and the 90-day important date
After sending the Notice to Owner, the contractor or supplier has 90 days from the last date they provided labor or materials to file the actual mechanics lien. This important date is strict — if the lien is not filed within 90 days, the right to file is lost entirely. The 90-day period is measured from the last date of work or delivery, not from the date the invoice was sent or the date payment was due.
The lien is filed with the clerk of the circuit court in the county where the property is located. In Florida, this is a public record filing, similar to recording a deed. The lien document must include the property owner's name, a legal description of the property, the amount claimed, the dates of work or delivery, and the name and address of the person or company filing the lien. The clerk's office charges a filing fee, which varies by county but is typically between $50 and $150.
Once the lien is filed, it becomes a matter of public record and will show up on a title search. This is why property owners and title companies take mechanics liens seriously — the lien clouds the title and prevents a clean sale or refinance until it is resolved. The lien remains on the property for a set period unless it is released, paid, or removed by court order.
How long a mechanics lien stays on the property
A mechanics lien in Florida remains valid for two years from the date it is filed, unless the lien claimant takes action to enforce it. If the lien claimant wants to keep the lien alive beyond two years, they must file a lawsuit to foreclose on the lien — that is, to force the sale of the property to satisfy the debt — before the two-year period expires.
If no foreclosure lawsuit is filed within two years, the lien expires and is no longer enforceable. At that point, the property owner can request that the clerk remove the lien from the record. However, the underlying debt does not disappear — the contractor or supplier can still sue for payment, but they lose the advantage of the lien against the property.
A property owner who wants to remove a lien before it expires has several options. The most straightforward is to pay the amount claimed. Another option is to post a bond with the court equal to 125 percent of the lien amount plus estimated costs and attorney fees. If a bond is posted, the lien is removed from the property and the contractor's claim shifts to the bond instead. This allows the property to be sold or refinanced while the dispute is resolved.
Defenses and challenges to a mechanics lien
A property owner who believes a mechanics lien is invalid or incorrect can challenge it in court. Common defenses include: the Notice to Owner was not sent or was sent late; the lien was filed after the 90-day important date; the work was not actually performed or the materials were not delivered; the amount claimed is incorrect; or the work was defective and the owner has a right to offset the claim.
If the property owner received a proper Notice to Owner within 45 days, their defenses are limited. They cannot claim they paid the contractor in good faith without knowing about subcontractors or suppliers. However, they can still argue that the work was not done, the materials were not delivered, or the amount is wrong. They can also argue that the contractor was paid and therefore has no right to file a lien.
The most practical defense for a property owner is to post a bond. By posting a bond equal to 125 percent of the lien amount plus costs and attorney fees, the owner can remove the lien from the property when ready. The contractor then pursues the bond instead of the property. This is often the fastest way to resolve a disputed lien and allow a sale or refinance to proceed.
What happens if a lien is foreclosed
If a mechanics lien is not paid or bonded off within two years, the lien claimant can file a lawsuit to foreclose on the lien. This is similar to a mortgage foreclosure — the court can order the property sold and the proceeds used to pay the lien claim. The property owner and any mortgage lender are named as defendants in the foreclosure action.
In a mechanics lien foreclosure, the court determines the amount owed and the priority of claims. A first mortgage lender has priority over a mechanics lien, which means the mortgage is paid first from the sale proceeds. The mechanics lien is paid second, and any remaining proceeds go to the property owner. If the sale proceeds do not cover the lien amount, the lien claimant may still be able to pursue a judgment against the property owner for the shortfall, depending on the circumstances.
Foreclosure is expensive and time-consuming for both parties. It typically takes several months and requires attorney fees and court costs. For this reason, most mechanics liens are resolved through negotiation, payment, or bonding before a foreclosure lawsuit is filed. However, the threat of foreclosure is what gives the lien its power — it forces the property owner to take the claim seriously.
Frequently Asked Questions
Can a homeowner be liable for a lien if they paid the contractor?
Yes, if the contractor did not pay subcontractors or suppliers. The property owner's payment to the contractor does not prevent those unpaid parties from filing liens. The owner's only recourse is to sue the contractor for breach of contract. However, if the owner received a proper Notice to Owner, they should have been aware of this risk.
What is the difference between a mechanics lien and a mortgage?
A mortgage is a voluntary lien the property owner agrees to when borrowing money. A mechanics lien is an involuntary lien filed by a contractor or supplier who was not paid. Both attach to the property and must be paid before the property can be sold, but a mortgage lender has priority over a mechanics lien in most cases.
Can a homeowner remove a lien without paying it?
Yes, by posting a bond equal to 125 percent of the lien amount plus estimated costs and attorney fees. This removes the lien from the property and shifts the contractor's claim to the bond. The homeowner can then sell or refinance while the dispute is resolved in court.
What if the contractor never sent a Notice to Owner?
The lien may still be valid, but the property owner gains additional defenses. The owner can claim they paid the contractor in good faith without knowledge that subcontractors or suppliers had not been paid. This defense is much stronger if no Notice to Owner was sent within 45 days of the start of work.
How much does it cost to file a mechanics lien in Florida?
The filing fee charged by the clerk of the circuit court varies by county but is typically between $50 and $150. This is separate from any attorney fees if a lawyer prepares the lien document. The cost to challenge or remove a lien through bonding or litigation is significantly higher.