Florida Mechanic Lien Enforcement Deadlines

Private Works — One-Year Foreclosure Deadline (§713.22(1))

A Florida construction mechanic lien must be enforced by commencing an action to enforce the mechanic lien within one (1) year after the Claim of Mechanic Lien has been recorded. §713.22(1). If the mechanic lien claimant fails to initiate foreclosure proceedings within this one-year period, the mechanic lien automatically expires and becomes unenforceable.

This deadline is jurisdictional and cannot be extended by agreement of the parties or by any court order.

Contractor's Final Payment Affidavit — 5-Day Prerequisite (§713.06(3)(d))

If the lienor is in privity with the owner (i.e., the general contractor), the lienor may not file suit until five (5) days after the contractor has furnished a Contractor's Final Payment Affidavit to the owner pursuant to §713.06(3)(d)(1). This affidavit is a statutory prerequisite to commencing a foreclosure action.

Notice of Contest of Mechanic Lien — 60-Day Shortened Deadline (§713.22(2))

If the owner records and serves a Notice of Contest of Mechanic Lien, the mechanic lien claimant must file suit within 60 days of service of the notice. §713.22(2). This dramatically shortens the standard one-year window and creates significant urgency for claimants.

The Notice of Contest is a powerful defensive tool for property owners. Mechanic Lien claimants who receive a Notice of Contest must act immediately.

Show Cause Proceeding — 20-Day Deadline

The property owner may also file a Show Cause action requiring the mechanic lien claimant to appear before the court and demonstrate why the mechanic lien should not be discharged. The mechanic lien claimant typically has 20 days to respond. If the claimant fails to appear or demonstrate sufficient cause, the court may order the mechanic lien discharged.

Private Payment Bond — Suit Deadline (§713.23(1)(e))

On private projects with a payment bond, the claimant must commence action against the contractor or surety on the bond within one (1) year from last performance of labor or completion of delivery of materials and supplies. §713.23(1)(e).

If the contractor serves a Notice of Contest of bond claim, the period for filing suit may be limited to as few as 60 days from service of the notice. §713.23(1)(e).

Public Works — Suit on Payment Bond (§255.05(2))

On public projects, the claimant must commence action against the contractor or surety on the bond within one (1) year from the last performance of labor or completion of delivery of materials and supplies. §255.05(2).

If the prime contractor serves the claimant with a Notice of Contest of bond claim, the period for filing suit may be limited to as few as 60 days from service of the notice.

Public Works — Retainage Suit (§255.05(10))

Subcontractors or material suppliers may file suit exclusively to collect retainage on public projects. The suit must be filed before 1 year from last performance, and certain conditions must be satisfied before suit can be filed. §255.05(10).

Automatic Mechanic Lien Expiration

A Florida mechanic lien that is not enforced within the applicable deadline — whether the standard one-year period, the 60-day contest period, or the 20-day show cause period — automatically expires by operation of law. No court action is required to discharge an expired mechanic lien.

Attorney Fee Recovery

Florida's mechanic lien statute provides for the recovery of attorney fees by the prevailing party in a mechanic lien foreclosure action. If you successfully foreclose on your mechanic lien, you may recover your reasonable attorney fees. Conversely, if the mechanic lien is found to be invalid, you may be required to pay the opposing party's attorney fees.

Other Remedies Available

In addition to mechanic lien foreclosure and bond claims, Florida law provides several other remedies including: repossession and replevin of materials delivered but not used on an abandoned project (§713.15); remedies under the Uniform Commercial Code (§§672.701-.724); action on contract where the lienor fails to establish a mechanic lien for the full amount due (§§713.28-.30); common law actions for quantum meruit and unjust enrichment; equitable mechanic lien against undisbursed construction loan proceeds; and action for payment of undisputed contract obligations (§713.346).