Florida Mechanic Lien Deadlines

When to Record — 90-Day Deadline (§713.08(5))

Under Florida law, a Claim of Mechanic Lien may be recorded at any time during the progress of the work, or thereafter, but not later than 90 days after the final furnishing of labor, services, or delivery of materials by the lienor. §713.08(5).

The 90-day period is measured from the claimant's own last date of furnishing, not the project completion date or the last date any party furnished work. The "last day of furnishing" shall not be measured by other standards, such as issuance of certificate of occupancy or certificate of substantial completion. §713.08(5), as defined in §713.01(12).

Statutory Form and Required Contents (§713.08(3))

A valid Florida Claim of Mechanic Lien should use the statutory form prescribed by §713.08(3) and must contain:

• The name and address of the mechanic lien claimant
• A description of the real property sufficient for identification (legal description)
• The name of the property owner
• The name of the person with whom the claimant contracted
• A general description of the labor, services, or materials furnished
• The amount claimed due and unpaid
• The dates of first and last furnishing
• A statement of the claimant's demand after deducting all credits and offsets

Mechanic Lien Amount Limitations (§§713.05; 713.06(1))

A perfected mechanic lien operates as a direct mechanic lien on the real property improved for any money owed the lienor. However, the total amount of all mechanic liens may generally not exceed the price fixed by the direct contract between the owner and the contractor. §§713.05; 713.06(1).

Florida law also permits mechanic liens for tools, appliances, or machinery used on the particular improvement to the extent of the reasonable rental value for the period of actual use (not determinable by a contract for rental use unless the owner is a party thereto). §§713.02(3)-(4); 713.01(11).

County Recording and Service

The Claim of Mechanic Lien must be recorded with the clerk of court in the county where the improved real property is located. After recording, the mechanic lien claimant must serve a copy of the recorded mechanic lien on the property owner within 15 days of the recording date.

Failure to serve the mechanic lien within 15 days does not invalidate the mechanic lien but may limit the claimant's right to recover attorney fees in a foreclosure action.

Priority and Relation Back

Florida mechanic liens relate back to the date the Notice of Commencement was recorded. This means that a properly perfected mechanic lien has priority over any mortgage or encumbrance recorded after the Notice of Commencement, regardless of when the mechanic lien itself was recorded.

This relation-back priority is one of the most powerful features of Florida mechanic lien law and can give mechanic lien claimants priority over construction lenders.

Conditional Payment Bonds and Mechanic Lien Filing (§713.245)

If a contractor's written contractual obligation to pay a lienor is expressly conditioned upon and limited to payments made by the owner to the contractor, such a "conditional payment bond" does not operate to exempt the owner's property from mechanic liens. The lienor must preserve and perfect mechanic lien rights by timely serving Notice to Owner and recording a Claim of Mechanic Lien. §713.245.

Waiver and Release of Mechanic Lien

Any waiver of a right to claim a mechanic lien that is made in advance is unenforceable. §713.20(2). Florida provides approved statutory forms for waiver and release of mechanic lien for both progress payments and final payments. A lienor may not be required to furnish a waiver different from the approved form, and may condition the waiver on payment and clearance of funds. §713.20.

A waiver and release of mechanic lien also releases a like amount of the lienor's right to a claim against a private payment bond. §713.23(5).

Public Project Prohibition

Mechanic liens cannot be filed against public property in Florida. On public construction projects, unpaid contractors, subcontractors, and suppliers must pursue payment through a claim against the project's payment bond under §255.05. For contracts of $200,000 or less, the contractor may obtain an exemption from the bond requirements.