Definition and who can lien
Construction lien = encumbrance recorded in county records against your property. May lien (F.S. §713.01): Direct contractor (whom you have contracted with). Sub-contractor (hired by your contractor). Sub-sub-contractor (max one extra level). Material supplier (selling to your project). Architect, engineer, surveyor licensed. Cannot: unlicensed contractor (F.S. §489.128).
Notice of Commencement (NOC): F.S. §713.13
Document you (owner) record in county records before work begins . Lists: property description, main contractor, surety (if any), project description, date. Must be posted at the job site or available there. Validity: 1 year (renewable). Effect: any sub-contractor or supplier wanting to lien must send you a Notice to Owner (NTO, F.S. §713.06) within 45 days of their first delivery. Without NTO, they lose lien rights. Essential for any project ≥ $2,500.
Releases of Lien at each payment
Before paying each progress draw , demand from the contractor: Partial Release of Lien from the contractor for the paid tranche. Partial Release of Lien from each listed sub-contractor and supplier. Before final payment : Final Affidavit from contractor (F.S. §713.06(3)(d)) listing all subs/suppliers and their status. Final Releases of Lien from all listed. No releases = payment held until cleared.
Claim of Lien: timeline
Unpaid sub or supplier has 90 days after their last work to record a Claim of Lien (F.S. §713.08). Must then, within 1 year , file a foreclosure suit in circuit court to perfect the lien (F.S. §713.22). Owner can force quick resolution by sending a 20-day notice to the lien-holder, who must sue within 20 days or the lien expires (F.S. §713.21(2)). Lien removed: by payment, settlement, or expiry.
For Canadians: protection
Always file NOC before any project ≥ $2,500. Always require Releases of Lien before paying. Keep all receipts and lists of sub-contractors. If you receive an NTO (Notice to Owner) from a sub: keep carefully, it's a signal a lien may follow. If lien is placed: don't panic, contact a FL construction attorney. Several quick remedies (transfer to bond F.S. §713.24, 20-day notice, etc.). Lien on the property blocks any future sale until cleared.
Official forms and reference pages
Reader responsibility
Verified fact: Florida's construction lien runs on chapter 713, part I, Florida Statutes: a lienor who is not in privity with the owner serves a notice to owner, the claim of lien may be recorded at any time during the work but not later than 90 days after the lienor's final furnishing of labor, services, or materials (s. 713.08), and a recorded lien does not continue beyond 1 year unless an enforcement action is commenced (s. 713.22). The notice of commencement regime of s. 713.13 frames the whole sequence. Source: Florida Statutes ch. 713, 2025 text, flsenate.gov, consulted June 10, 2026.
Always use the latest version available on the official site cited below. Thresholds, rates and deadlines change. CanadaFlorida is not a substitute for a licensed professional.
F.S. Chapter 713: Liens, generally. F.S. §713.13: Notice of Commencement. F.S. §713.06: Notice to Owner. F.S. §713.20: Release of lien.
Who does what
| Aspect | State (FL): ch. 713 | Provincial CA, for contrast |
|---|---|---|
| Who may lien | Contractors, subs, sub-subs, laborers, and material suppliers, with notice-to-owner rules for those not in privity | Every province runs a construction or builders lien act: QC's legal hypothec (Civil Code), ON's Construction Act holdback at 10 percent, BC's Builders Lien Act, and equivalents elsewhere |
| The owner's shield | Notice of commencement (s. 713.13), proper payments under the statute, and releases of lien collected at each draw | Statutory holdbacks retained from each payment do the equivalent work |
| Deadlines that decide | Claim of lien within 90 days of final furnishing; enforcement within 1 year of recording | Lien filing windows of 30 to 60 days are common, by province |
| Forum | Circuit court foreclosure of the lien | Provincial superior courts and tribunals |
A worked example: a Cape Coral roof, autumn 2026
Lucie of Repentigny signs a 28,000 USD roof replacement on her Cape Coral rental for October 2026. The roofer finishes November 4 but a 9,500 USD supplier balance goes unpaid. The supplier, who sent its notice to owner in October, records a claim of lien December 19: day 45 of its 90-day window under s. 713.08, squarely valid against the property even though Lucie paid the roofer in full. Her protections existed earlier in the file: the recorded notice of commencement, and a final payment released only against the contractor's final payment affidavit and lien releases from listed subs and suppliers. Having skipped the releases, she now negotiates with a lien on title that blocks her February refinance, and the supplier holds a one-year enforcement window under s. 713.22. Typical range: resolving a recorded residential lien in 2026 commonly costs the unpaid balance plus several hundred to a few thousand USD in legal fees; the releases at each draw would have cost nothing.
Opinion: for an absentee Canadian owner, the lien statute is a paperwork discipline, not a litigation subject: record the notice of commencement, pay only against releases, and collect the final affidavit before the last cheque. Every dollar of protection lives in those three habits.
Common mistakes
- Paying the contractor and assuming the chain is paid. Florida lien rights belong to subs and suppliers you never met; releases are how your payment actually extinguishes their claims.
- Skipping the notice of commencement. Without it, the statute's payment protections wobble and lenders refuse draws; it is a one-page recording.
- Releasing the final payment without the final affidavit. Section 713.06 conditions proper final payment on it; the affidavit lists exactly who remains unpaid.
- Ignoring a recorded lien because it seems unfair. Validity is procedural: deadlines met, lien good against an innocent owner. The response is legal, not moral.
- Letting the one-year window lull you. A lienor can foreclose any time inside it; a notice of contest can compress the period, through counsel.
The renovating owner's checklist
- Before work: record the notice of commencement and give a copy to the lender if any.
- Collect the contractor's list of subs and suppliers; expect notices to owner and file them.
- At each draw: pay only against partial lien releases matching the amount.
- Before final payment: contractor's final payment affidavit plus final releases from everyone listed.
- After completion: keep the file with the property records; check title before any refinance or sale.
Frequently asked questions
Can a supplier I never hired really lien my property?
Yes: that is the statute's core design. Their preserved rights ride on the notice to owner and the 90-day claim window, not on a contract with you, which is why releases at each payment are the owner's real currency.
How long does a Florida construction lien last?
One year from recording unless an enforcement action is filed (s. 713.22), and an owner can shorten the horizon with statutory tools through a Florida attorney.
What is a notice of commencement and do I need one?
The recorded notice under s. 713.13 that opens a job, names the players, and anchors the payment protections. For any significant renovation, yes, before work starts.
What should I collect before the final payment?
The contractor's final payment affidavit and lien releases or waivers from everyone listed. Pay against paper, not promises.
Does this end when I sell?
A recorded lien travels with title and surfaces in every buyer's search; quieting or paying it is part of any sale file. Prevention during the job is cheaper than cleanup at closing.
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date (Florida Statutes, Florida Department of Revenue, Citizens, FEMA, DBPR).
- F.S. Chapter 713: Liens, generally (Construction Lien Law). leg.state.fl.us/§713
- F.S. §713.13: Notice of Commencement. §713.13
- F.S. §713.06: Notice to Owner / Releases. §713.06
- F.S. §489.128: Unlicensed contractor lien bar. §489.128
- Florida Statutes s. 713.08: claim of lien, 90-day window, 2025 text, consulted June 10, 2026
- Florida Statutes s. 713.22: duration of lien, 1 year, 2025 text, consulted June 10, 2026