Filing a Mechanic’s Lien: A Contractor’s Guide
What contractors need to know about filing a mechanic’s lien for unpaid work in Florida—the Claim of Lien, deadlines, what to include, and how to record it.
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To file a mechanic's lien for unpaid work in Florida, you record a Claim of Lien in the county where the property sits within 90 days of your last day of work, then serve a copy on the owner. The claim must accurately state who you are, what you're owed, and which property you improved. Get the contents and timing right and the lien attaches to the property as security for your payment; get them wrong and the lien can be thrown out.
Filing is the step that converts an unpaid invoice into real leverage. But Florida's construction lien process is technical and deadline-driven—small errors sink otherwise valid claims. This guide walks through the filing mechanics specifically. For the bigger picture of who has lien rights, see how mechanic's liens protect contractors; for collecting after you file, see how to enforce a mechanic's lien.
Before You File: The Notice to Owner
Filing the lien itself isn't always your first move. If you don't have a direct contract with the property owner—which is the case for most subcontractors and suppliers—Florida generally requires you to serve a Notice to Owner (NTO) within 45 days of first furnishing labor or materials. The NTO simply warns the owner that you're working on the project and may claim a lien if you aren't paid.
This step is easy to overlook and brutal to miss: skip the NTO when it's required, and you typically lose the right to file a lien at all—no matter how good your underlying claim is. General contractors with a direct owner contract are usually exempt, but everyone else should treat the 45-day NTO as the first hard deadline of the job.
Step 1: Confirm You Have the Right to File
Before preparing anything, make sure you qualify. Florida's Construction Lien Law (Chapter 713) gives lien rights to those who improve real property under a contract, including:
- General contractors with a direct owner contract.
- Subcontractors and sub-subcontractors.
- Material suppliers who delivered to the job.
- Laborers, and certain professionals like architects, engineers, and surveyors.
You also need to confirm the work was a genuine improvement to real property and that you're still within the filing window (more on that next). If you served an NTO when required, you've preserved your place in line.
Step 2: Know the 90-Day Filing Deadline
This is the deadline that defines lien filing: you must record your Claim of Lien within 90 days of your last day of furnishing labor or materials on the project.
Two things trip contractors up here:
- "Last day" means real work, not punch-list touch-ups or warranty fixes done just to reset the clock—courts look past artificial work meant to extend the deadline.
- The clock is firm. Miss the 90 days and the lien is invalid; you're left chasing the debt through a breach-of-contract claim without the leverage of a lien.
Track your first and last furnishing dates on every project from day one, because those two dates drive both the NTO and the Claim of Lien deadlines.
Step 3: Prepare the Claim of Lien
The Claim of Lien is the document you record. Florida law requires specific contents, and accuracy is everything. A complete claim generally includes:
| Required information | Why it matters |
|---|---|
| Lienor's name and address | Identifies who is claiming |
| The owner's name | Ties the claim to the right party |
| Description of the work/materials | Shows what the lien is for |
| Amount unpaid | Must be accurate—no inflation |
| Legal property description | Pins the lien to the correct property |
| First and last furnishing dates | Proves you're within the window |
| Person you contracted with | Shows your place in the contract chain |
The single biggest filing mistake is overstating the amount. A lien that includes charges you aren't entitled to—or willfully exaggerates the debt—can be ruled fraudulent and completely unenforceable, and may expose you to damages. Claim only what you're actually owed for lienable work.
Step 4: Record the Claim With the County
You file the Claim of Lien by recording it in the official records of the county clerk where the property is located. Recording makes the lien public and attaches it to the property's title. Keep your stamped, recorded copy—you'll need proof of the recording date, since that date starts the one-year clock to enforce the lien.
Step 5: Serve the Owner
Recording alone isn't enough. You must serve a copy of the recorded Claim of Lien on the property owner, generally within 15 days of recording. Proper service is part of perfecting the lien; failing to serve correctly can undermine an otherwise valid filing. Keep records of how and when you served it.
After Filing: What Happens Next
Once recorded and served, the lien clouds the property's title—often prompting payment because the owner can't easily sell or refinance with it in place. If payment still doesn't come, your next deadline is the one-year window to file a foreclosure lawsuit (which an owner can shorten). Filing the lien is the leverage; enforcing it is how you ultimately collect, covered in detail in our lien enforcement guide.
Avoid These Common Filing Mistakes
Even valid claims fail on technicalities. Watch for:
- Missing the NTO when you lacked a direct owner contract.
- Blowing the 90-day recording deadline.
- Overstating the amount or including non-lienable charges.
- A defective property description that doesn't match the parcel.
- Failing to serve the owner properly after recording.
Sloppy paperwork is one of the common legal mistakes that costs contractors real money. Most of this risk disappears with a solid written contract and disciplined date-tracking—worth nailing down during contract negotiation before the job starts.
Frequently Asked Questions
How long do I have to file a mechanic's lien in Florida?
You must record the Claim of Lien within 90 days of your last day furnishing labor or materials. If you lacked a direct contract with the owner, you also needed to serve a Notice to Owner within 45 days of first furnishing—miss that and you generally lose the right to lien.
What information must a Claim of Lien include?
Your name and address, the owner's name, a description of the work, the unpaid amount, the property's legal description, your first and last furnishing dates, and who you contracted with. Accuracy on the amount is critical—overstating it can void the lien.
Can I file a lien if I overstated the amount by mistake?
An honest error is treated differently than a willful exaggeration, but an inflated or fraudulent lien can be ruled unenforceable and expose you to liability. Always claim only what you're truly owed. Talk to an attorney before filing if you're unsure.
Filing a mechanic's lien is a precise, deadline-driven process: serve your Notice to Owner if required, record an accurate Claim of Lien within 90 days of your last work, and serve the owner promptly. Do each step correctly and you secure powerful leverage to get paid for the work you've already done. Build these deadlines into how you run every project, and a lien becomes a reliable backstop rather than a missed opportunity.
