Florida Contracting Law, Liens & Contracts
Florida's Construction Lien Law is one of the most tested and most important bodies of law for a contractor's payment security. This chapter walks through the Notice of Commencement, Notice to Owner, and the deadlines under Chapter 713.
The Construction Lien Law (Chapter 713)
Chapter 713 of the Florida Statutes governs construction liens. It balances the rights of contractors and suppliers to secure payment against the owner's need for protection from paying twice. The law establishes a chain of notices and recorded documents that a contractor must follow precisely to preserve lien rights. Because the deadlines are strict and unforgiving, contractors often use lien-tracking systems.
Notice of Commencement and Notice to Owner
Before work begins on many projects, the owner records a Notice of Commencement identifying the job, the contractor, and the lender. A lienor who is not in direct contract with the owner — such as a material supplier or a sub-subcontractor — must serve a Notice to Owner within 45 days of first furnishing labor or materials. Serving this notice on time is a prerequisite to a valid lien for those not in privity with the owner.
Recording and enforcing the lien
A lienor must record a Claim of Lien within 90 days after the last furnishing of labor, services, or materials. After recording, an action to enforce (foreclose) the lien generally must be filed within one year, unless that period is shortened by the owner. Missing any of these deadlines typically extinguishes the lien, leaving the contractor to pursue payment through ordinary contract remedies.
State-specific details
State exam facts
Does Florida require a state contractor license?
Yes. The Construction Industry Licensing Board (CILB), within the Department of Business and Professional Regulation (DBPR), licenses contractors statewide under Chapter 489. Florida distinguishes Certified (statewide) from Registered (local) contractors and defines contractor categories such as Certified General Contractor.
Who licenses general contractors in Florida?
The CILB under DBPR. State copy should not imply the exam facts are fixed: DBPR/CILB exam question count, time limit, and passing score are set by the current candidate information bulletin and are not asserted here pending official confirmation.
What law governs Florida construction payment and liens?
Florida's Construction Lien Law (Chapter 713) governs liens and payment, alongside Chapter 489 licensing and financial-responsibility/insurance requirements.
Sources: https://www.myfloridalicense.com
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