Listen to our Construction Law overview:
Contractors: Are You Owed Money for Completed Work?
If you are a contractor, subcontractor, or material supplier who has not been paid for work performed on a Florida construction project, you may have lien rights that require immediate action to preserve. Deadlines under Chapter 713 are strict, and missing them can mean losing your right to payment—even when the debt is legitimate.
Contact Cox Law, PLLC to discuss your options.
(813) 685-8600
Construction projects in Florida involve significant financial commitments by owners, contractors, subcontractors, and material suppliers. When payment disputes arise, the consequences can be severe—stalled projects, unpaid workers, and costly litigation. Florida’s Construction Lien Law, codified in Chapter 713 of the Florida Statutes, provides a statutory framework that protects the payment rights of those who furnish labor, services, or materials to improve real property.
Cox Law, PLLC represents owners, contractors, subcontractors, and suppliers in all aspects of construction disputes and transactions throughout Florida. Our firm handles construction liens, contract drafting and negotiation, payment disputes, defect claims, and contractor licensing matters—providing practical, results-driven counsel on every project.
Mechanics Liens Under Chapter 713
A construction lien, commonly referred to as a mechanics lien, is a legal claim placed on real property by a contractor, subcontractor, or material supplier who has not been paid for labor, services, or materials furnished to improve that property. Under Florida law, no lien may be acquired until a Claim of Lien is properly recorded in the official records of the county where the property is located.
Florida’s lien law is detailed and deadline-driven. Missing a single statutory deadline can eliminate lien rights entirely, even when the underlying debt is legitimate. Cox Law, PLLC assists clients in preserving and enforcing their lien rights at every stage of the process.
Notice to Owner
Before a lien can be filed, most parties who are not in direct contract with the property owner must serve a preliminary Notice to Owner (NTO). The Notice to Owner must be served within 45 days of the first furnishing of labor, services, or materials, and in any event before the owner makes final payment to the contractor. This notice informs the property owner that the claimant is working on the project and may later file a lien if payment is not made. General contractors who have a direct contract with the owner are generally not required to serve a Notice to Owner.
Claim of Lien
A Claim of Lien must be recorded within 90 days of the lienor’s final furnishing of labor, services, or materials. A copy of the recorded Claim of Lien must be served on the property owner within 15 days of recording. The claim must include the lienor’s name and address, a description of the property, the nature of the improvement, the amount claimed, and other required information.
Contractor’s Final Affidavit
A lienor who is in privity with the owner, except a laborer or materialman, must furnish the Contractor’s Final Affidavit before the owner makes final payment. This affidavit must be served at least five days before filing a lawsuit to foreclose on a lien. Missing this step can invalidate the lien entirely.
Critical Lien Deadlines
Florida’s construction lien law imposes strict deadlines that vary depending on your role in the project. The following table summarizes the key timeframes:
| Action | Deadline |
|---|---|
| Notice to Owner (subcontractors, suppliers) | Within 45 days of first furnishing labor or materials |
| Record Claim of Lien | Within 90 days of last furnishing labor or materials |
| Serve Claim of Lien on owner | Within 15 days of recording |
| Contractor’s Final Affidavit | At least 5 days before filing suit |
| File lien foreclosure action | Within 1 year of recording the Claim of Lien |
| Response to Notice of Contest of Lien | Within 60 days of service of the Notice of Contest |
| Response to Order to Show Cause | Within 20 days of service |
Construction Payment Disputes
Payment disputes in construction are common and can escalate quickly into multi-party litigation. Owners may withhold payment based on alleged defects or incomplete work. Contractors may face simultaneous demands from subcontractors who have furnished labor and materials but have not been paid. Subcontractors may assert lien rights or pursue payment demands even though their contract is not with the owner.
In Florida, construction payment disputes often turn on documentation, deadlines, and compliance with statutory requirements. The stronger position belongs to the party who can demonstrate entitlement, damages, and timely compliance with every applicable notice and filing requirement.
Cox Law, PLLC represents clients in payment disputes involving:
- Nonpayment claims by contractors, subcontractors, and material suppliers;
- Owner defenses to lien claims, including overstated liens and procedural deficiencies;
- Breach of construction contract claims;
- Lien foreclosure actions and lien transfer to bond;
- Defense against fraudulent or exaggerated lien claims;
- Payment bond claims on public and private projects;
- Disputes involving change orders, back charges, and retainage.
Additional Construction Law Services
Beyond liens and payment disputes, our construction law practice includes:
- Construction contract drafting, review, and negotiation;
- Construction defect claims;
- Delay claims and liquidated damages disputes;
- Contractor licensing issues;
- Dispute resolution, including mediation and arbitration.
From the initial contract through project completion and beyond, Cox Law, PLLC provides practical, results-driven counsel to protect your interests in every phase of the construction process. Whether you are an owner seeking to defend against a lien claim, a contractor pursuing payment for completed work, or a subcontractor preserving your statutory rights, we are here to serve you.
“Good luck is another name for tenacity of purpose.”
— Ralph Waldo Emerson
Questions? We Can Help.
Every construction matter begins with a conversation. Whether you are a contractor facing a payment dispute, a property owner responding to a lien claim, or a subcontractor trying to preserve your statutory rights, we welcome the opportunity to hear your story and discuss your options.
(813) 685-8600
The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by the use of this website, by submitting a question, or by contacting Cox Law, PLLC by email, telephone, or other means of communication. Contacting us by email does not establish an attorney-client relationship. Every construction dispute involves unique facts and circumstances, and you should consult with an attorney regarding your specific situation.