Florida Mechanic's Lien 2026: How Construction Liens Work and How Buyers Can Protect Themselves

By Emanuel Greco, Licensed FL Real Estate Professional · Updated July 2026

Florida's Construction Lien Law (F.S. Chapter 713) gives contractors, subcontractors, laborers, and material suppliers the right to place a lien on real property when they haven't been paid for work or materials provided. What makes FL's system especially important for property owners and buyers: a subcontractor or supplier can lien your property even if you paid the general contractor in full — and the GC didn't pass the money down. Understanding how Florida's lien system works protects both owners during renovation and buyers purchasing homes with recent construction activity.

Who Can File a Florida Mechanic's Lien

• General contractors (direct contract with owner)
• Subcontractors (hired by the GC)
• Sub-subcontractors
• Material suppliers (lumber yards, tile suppliers, electrical suppliers)
• Laborers
• Architects, engineers, surveyors, landscape architects (if contracted for improvements)
• Equipment lessors providing equipment for the improvement

The Notice to Owner (NTO) — Florida's Warning System

The NTO is a required preliminary notice that subcontractors and suppliers must send to the property owner (and lender, if any) to preserve their right to lien. Rules:

• Must be sent within 45 days of the lienor's first furnishing of labor, materials, or services
• Must be sent via certified mail or hand delivery
• If a subcontractor or supplier fails to send a timely NTO, they lose their right to lien the property
• A general contractor who has a direct contract with the owner does NOT need to send an NTO

Receiving an NTO does not mean you've done anything wrong — it just means a sub or supplier wants to preserve their lien rights. Keep records of everyone you receive NTOs from when renovating a property.

Filing a Mechanic's Lien in Florida

After sending a timely NTO (where required), a lienor who hasn't been paid can record a Claim of Lien in the county where the property is located. Key deadlines:

• 90 days from the last date the lienor furnished labor, materials, or services — this is the deadline to record the lien
• The lien must be served on the owner within 15 days of recording
• A lawsuit to enforce the lien must be filed within 1 year of recording, or the lien is unenforceable

How Mechanic's Liens Affect Real Estate Closings

Mechanic's liens are recorded in county records and appear in title searches. If a title search reveals a recorded mechanic's lien:

• The title company will require the lien to be resolved before issuing title insurance
• Options: seller pays the lienor directly and obtains a Release of Lien; seller posts a lien transfer bond (125% of the lien amount) to move the lien off the property to a bond; or buyer and seller negotiate who handles it
• Unresolved liens = deal cannot close (no title insurance, no lender funding)

Protecting Yourself During and After Renovation

• Pay by joint check: Write checks payable to both the GC and each known sub/supplier — prevents the GC from pocketing sub payments
• Get lien waivers at each payment: Conditional waivers upon payment; unconditional waivers after funds clear
• Final payment affidavit: Require a Contractor's Final Affidavit before releasing final payment — the GC must list all lienors and confirm they've been paid
• Retainage: Withhold 10% until all NTO holders confirm payment or the lien period expires
• Title insurance during construction: For new construction or major renovation, title insurance with a construction endorsement can protect against unknown lien claims