Florida Construction Disputes and Liens

Matters we handle

• Payment disputes, change orders, and delay claims
• Recording, defending, and removing construction liens
• Lien foreclosure actions and claims against payment bonds
• Construction defect claims and the Chapter 558 pre-suit process
• Disputes between owners, contractors, and subcontractors over contract terms
• Contract review and drafting for owners and contractors

Florida law at a glance

• Florida’s Construction Lien Law is Part I of Chapter 713. Many lienors who do not contract directly with the owner must serve a Notice to Owner within 45 days of first furnishing labor or materials.
• A claim of lien generally must be recorded within 90 days after the lienor’s final furnishing of labor or materials.
• A lien generally expires unless a lawsuit to enforce it is filed within one year after it is recorded. An owner can shorten that period by recording a notice of contest of lien.
• The prevailing party in a lien enforcement action may recover attorney’s fees (section 713.29, Florida Statutes).
• Before filing most construction defect lawsuits, the claimant must serve a written notice of claim under Chapter 558 and give the contractor a chance to respond.

General information about Florida law, not legal advice about your situation. Deadlines and requirements depend on the facts and the documents involved.