Florida Construction Lien Rights Explained: From First Notice to Final Claim

A wooden gavel next to a yellow construction hard hat to the right of the logo for Maier Law in Palm Beach

When you’re running a large-scale project, whether it’s a new terminal at Palm Beach International or a multi-use commercial space in Downtown West Palm, you can’t afford to miss a payment. Florida construction lien rights are your legal tool to make sure you get paid. But here’s the catch: the lien process in Florida is technical, deadline-driven, and easy to get wrong.

If you don’t follow the rules exactly, you could lose your right to file a lien altogether. And that means leaving serious money on the table.

That’s where we come in. Maier Law, P.A. guides contractors through each stage of the process so they don’t miss critical steps. From projects in Grandview Heights to hospital builds near Wellington, we make sure your lien rights are protected from day one.

What Are Construction Lien Rights?

Florida law gives contractors, subcontractors, material suppliers, and certain professionals the right to place a lien on private property when they haven’t been paid for work performed or materials provided.

This legal right protects your ability to recover payment without needing to sue for breach of contract right away. It attaches to the property itself, creating leverage.

Who can file a lien in Florida?

  • General contractors
  • Subcontractors
  • Material suppliers
  • Laborers

Architects, engineers, and surveyors under specific conditions

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Whether you’re building a condo tower in Northwood or fitting out retail space at Rosemary Square, these rights can be the difference between being made whole or not at all.

Law Timeline

Understanding the Florida Lien Law Timeline

The lien process follows a strict timeline. Miss one of these steps, and you might lose your rights altogether.

Day 0: Start of Work or Material Delivery

Your lien rights begin as soon as you start work or provide materials. Keep detailed records starting on day one.

Day 45: Notice to Owner (NTO)

If you’re not in direct contract with the property owner, you must serve an NTO within 45 days of first furnishing labor or materials. This is required by Florida Statute §713.06.

Day 90: Claim of Lien

You have 90 days from the last day you provided labor, services, or materials to record your Claim of Lien. This must be recorded in the county where the property is located. Palm Beach County, for example, if the project is in Flamingo Park or SoSo.

Day 1–365: Enforce the Lien

You must file a lawsuit to enforce your lien within one year of recording it, or your lien expires.

The lien timeline is like a runway. Once you’re on it, there’s no slowing down. Every deadline matters.

Common Mistakes That Cause Contractors to Lose Lien Rights

The most common reason large contractors lose their construction lien rights isn’t fraud or deception, it’s paperwork. More specifically, late or missing paperwork.

Mistake 1: Missing Deadlines

A day late is a total loss. The law doesn’t allow for grace periods.

Mistake 2: Improper Notice or Filing

If your Notice to Owner or Claim of Lien has incorrect legal property descriptions or isn’t served properly, it won’t hold up.

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Mistake 3: Not Hiring Legal Help Early Enough

Trying to handle the lien process alone often results in lost claims. A missed technicality can invalidate everything.

Construction Attorney

How a Board Certified Construction Attorney Can Help

A board-certified construction attorney like Jason C. Maier isn’t just another legal advisor; he is certified by The Florida Bar as an expert in construction law. That means he has passed a rigorous peer-review process, has significant courtroom experience, and knows Florida lien law in depth.

When should you call in legal help?

  • Before sending a Notice to Owner
  • Before recording your lien
  • If you’re unsure whether your lien is valid
  • If you need to file suit to enforce it

Jason C. Maier says, “Board certification shows clients that you don’t just dabble in construction law, you live in it.”

Maier Law, P.A., works with developers and GCs on projects from Palm Beach Lakes to the Southend, managing every detail of the lien process so you don’t miss your window to collect.

Know Your Deadlines or Risk Losing Everything

Florida’s lien laws aren’t designed for leniency. They’re designed for precision. The larger your project, the more complex the contract chain becomes, and the more likely it is that deadlines will be missed without help.

Let us handle the fine print while you focus on the build.

Whether you’re managing a new hospital site in Westgate or retrofitting commercial buildings along Dixie Highway, we make sure your construction lien rights are locked in from day one.

Get ahead of the clock. Contact Maier Law today. Click here or call us today at (561) 318-6589 or visit us at 500 S Australian Ave, Suite 500, West Palm Beach, FL

About Jason C. Maier

Jason C. Maier is a board certified construction attorney and Managing Partner of Maier Law, P.A. Based in West Palm Beach, Jason has represented contractors, developers, and suppliers in complex lien matters across Florida. His deep knowledge of lien law and commercial construction litigation has made him a trusted legal resource for major infrastructure and real estate projects throughout Palm Beach County