To be enforceable, a construction lien must be timely recorded in the clerk’s office of the county in which the real property is located. Generally, a construction lien is considered timely if it is recorded during the progress of the work or thereafter, but not later than ninety (90) days after the final furnishing of the labor, services or materials by the lienor, or, with respect to rental equipment, within ninety (90) days after the

For most private (non-governmental) projects over $2,500, a notice of commencement is required to be recorded in the official records prior to commencement of work. If a recorded notice of commencement is not expired or terminated at the time of recording of a construction lien, the construction lien establishes its priority as of the date and time of the recording of the notice of commencement in the official records. This principle is often referred to

On June 12, 2023, Governor De Santis signed into law House Bill 331 that makes changes to the notice of termination statute, effective October 1, 2023. Although these changes may seem complicated, the changes protect lienors that do not have a direct contract with the owner and serve a timely notice to owner even after an owner has recorded a notice of termination. The statutory framework is discussed below. Section 713.132, Florida Statutes, permits a

Florida law provides that certain lienors (subcontractors, sub-subcontractors and materialmen to contractors, subcontractors or sub-subcontractors) are required to serve notice to owner, failure to do so in a timely fashion is a complete defense to the enforcement of a construction lien. The statute specifically provides that “failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person.” Copies of the notice to owner (subject

Florida law provides that a claimant may serve a notice to owner by: Hand delivery;Common carrier delivery service; orRegistered, global express guaranteed or certified mail with postage prepaid. To establish evidence of timely service, it is recommended that service be accomplished by certified mail, return receipt requested unless a United States postal service stamped mail log is used. If the situation arises in which a claimant is unable to identify all the parties upon whom