Top 5 Mistakes to Avoid When Filing a Claim of Lien in Florida
By St. Johns Law Group | Construction Law Attorneys in St. Augustine
When payment issues arise on a construction project, one of the most powerful remedies available under Florida law is the Claim of Lien. Filing a Claim of Lien can help contractors, subcontractors, and suppliers secure payment for labor, services, or materials. But Florida’s lien statute—Chapter 713, Florida Statutes—is strict, and even small missteps can void your lien rights.
Here are the top five mistakes we see in lien claims—and how to avoid them.
1. Missing the Notice to Owner (NTO) Deadline
If you’re not in direct contract with the property owner, Florida law requires you to serve a Notice to Owner within 45 days of first furnishing labor or materials.
Mistake: Waiting too long or failing to serve the NTO.
Consequence: You lose your right to file a valid Claim of Lien.
Tip: Serve the NTO early, and keep proof of delivery. Our team helps clients prepare and serve Notices to Owner to ensure lien rights are preserved.
2. Filing the Claim of Lien Too Late
Florida requires that the Claim of Lien be recorded within 90 days of your last date of work or material delivery—not the invoice date or when payment was due.
Mistake: Miscalculating the 90-day deadline.
Consequence: A late lien is void and unenforceable.
Tip: Track your project milestones closely and act early. If you’re unsure of your final furnishing date, consult an attorney to calculate deadlines accurately.
3. Incorrect or Incomplete Lien Form
The lien form must comply with strict statutory language, and errors in identifying the property, owner, contractor, or the lien amount can result in dismissal.
Mistake: Using the wrong legal description, failing to notarize, or overstating the lien.
Consequence: Your lien may be challenged or discharged.
Tip: Have a construction law attorney draft or review your lien before recording. We ensure your Claim of Lien complies with Florida law and avoids technical pitfalls.
4. Failing to Serve the Lien on the Owner
Recording the lien isn’t enough. You must also serve a copy of the recorded Claim of Lien on the property owner within 15 days of recording it.
Mistake: Recording the lien but forgetting to serve it.
Consequence: The lien may be unenforceable in court.
Tip: Use certified mail and maintain delivery confirmation records. Our firm handles the entire service process for clients to ensure statutory compliance.
5. Delaying Foreclosure Action
A Claim of Lien is valid for one year from the date it is recorded—unless the owner files a Notice of Contest of Lien, which shortens the deadline to 60 days.
Mistake: Waiting too long to file a lien foreclosure lawsuit.
Consequence: The lien expires and cannot be enforced.
Tip: If you’re still unpaid as the one-year deadline approaches, act quickly. We evaluate, negotiate, and litigate foreclosure actions when necessary.
Don’t Go It Alone—Get Experienced Legal Guidance
Filing a Claim of Lien may seem straightforward, but the consequences of error are severe. Whether you’re a contractor, subcontractor, supplier, or design professional, St. Johns Law Group provides strategic legal support to secure your payment and enforce your rights.
We also represent property owners and developers in contesting improper or fraudulent liens and protecting clear title.
📍 Construction Law Support in Northeast Florida
Serving clients in:
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St. Augustine
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Ponte Vedra & Ponte Vedra Beach
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Nocatee
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Palm Coast
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St. Johns, Flagler, Duval, and Clay Counties
📞 Ready to Protect Your Lien Rights?
Let us help you avoid mistakes and maximize your chances of recovery.
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📧 Email: info@sjlawgroup.com
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