Florida Construction Lien Deadlines for Contractors Who Have Not Been Paid

It is general information, not legal advice. For larger balances, a Florida construction attorney can review your paperwork in an hour or two.

The key Florida deadlines at a glance

Notice to Owner (subs and suppliers)

If you were hired by the general contractor rather than the owner, Florida generally requires you to serve a Notice to Owner as a condition of your lien. The details, including the 45-day window and who must receive copies, are in section 713.06(2). If you contracted directly with the owner, this step usually does not apply to you.

Claim of lien: 90 days from your last work

Section 713.08(5) says a claim of lien may be recorded during the job or afterward, but not later than 90 days after your final furnishing of labor, services or materials. If the original contract was terminated, the deadline is the earlier of 90 days after termination or 90 days after your final furnishing.

The claim is recorded in the clerk’s office of the county where the property is located. Section 713.08(1) lists what it must contain, and section 713.08(4)(c) requires you to serve a copy on the owner within 15 days of recording.

Watch out for warranty or punch-list work. Florida courts look at whether late work was part of the original contract in good faith, not just a trip to restart the clock.

Final payment affidavit (direct contractors)

This is the step contractors forget. Under section 713.06(3)(d), a contractor in privity with the owner must deliver a final payment affidavit to the owner at least 5 days before filing suit to enforce the lien. It states whether everyone under you who served a Notice to Owner has been paid. The statute says you have no lien or right of action against the owner while you are in default on this affidavit.

Enforcement: 1 year, or 60 days if contested

A Florida lien lasts 1 year from recording unless you file suit to enforce it (s. 713.22(1)). The owner can shorten that by recording a Notice of Contest of Lien. Once the clerk serves it, you have 60 days to sue or the lien is extinguished (s. 713.22(2)).

A step-by-step plan for an unpaid Florida job

1. Write down your last day of work. That date drives the 90-day lien deadline. Note it from your own records: timesheets, photos, supplier tickets.
2. Send a friendly reminder right after the due date. Attach the invoice and give an easy way to pay.
3. Follow up at 7 and 14 days. Keep it polite and specific. Ask if anything about the work is holding up payment.
4. Call by day 30. If there is a real complaint, get it in writing and decide whether to fix it.
5. Send a written final notice by about day 45. Give a firm date and say you will record a claim of lien if payment is not received. Only say it if you mean it.
6. Record the claim of lien before day 90 and serve the owner within 15 days of recording.
7. Before suing, deliver the final payment affidavit at least 5 days ahead if you contracted with the owner.
8. Calendar the 1-year enforcement deadline, and react within 60 days if you are served a Notice of Contest.

Accuracy matters

Florida penalizes fraudulent liens, including willfully overstated amounts (s. 713.31). Lien only for what is actually owed under your contract, minus payments received. If the client has a genuine complaint about a portion of the work, consider whether that portion is truly owed before you include it.

Sample reminder email

Subject: Invoice #318 for the A/C replacement at 402 Palm Ave

Hi Chris,

Thanks again for having us out. Invoice #318 for $5,200 was due on June 10 and is still open. You can pay securely with the button below.

If anything about the install or the invoice needs a second look, reply here and I will take care of it.

Best,
Jordan, Coastline Air

A message like this does two jobs. It gets most clients to pay, and it creates a dated record if things go further.

Where Still Due fits

Steps 2 through 4 are where most money is recovered, and also where busy contractors fall behind. Still Due sends polite reminders on a schedule with a Stripe Pay button, and payments go directly to your own Stripe account. It does not file liens or replace an attorney. It just keeps the friendly follow-ups from slipping while you watch the legal deadlines.

See also the California mechanics lien deadlines, the HVAC invoice past due email for a service invoice like the sample, and the final reminder.

This article is general information about Florida law as of October 2026 and is not legal advice. Statutes change. Check the linked sections or consult a Florida attorney about your situation.