The Homeowner's Guide to Florida Lien Law

In Florida, a framing subcontractor you have never spoken to can file a lien on your home — and the lien can prevent you from selling or refinancing your property even if you have paid your general contractor in full. This is not a hypothetical. It is the practical consequence of Florida's construction lien statute, and it affects homeowners in Jacksonville every year.

Florida Chapter 713 exists to protect contractors, subcontractors, and material suppliers who perform work or deliver materials to your property. Their labor and materials improve your property's value. The law ensures they have a remedy when they are not paid — even when the failure to pay is the general contractor's, not yours.

Understanding how this system works is not optional for anyone undertaking a significant construction project in Duval County. This guide covers the Notice of Commencement, the Notice to Owner, the four types of lien waivers in Florida, joint checks, the 90-day filing deadline, and what to do when a lien is filed on your property.

At JK Prestige Construction, we require lien waivers from all subcontractors and suppliers as a condition of each payment application. Our lien waiver policy is described at the end of this guide.

What a Construction Lien Is and How It Works in Florida

A construction lien (also called a mechanic's lien) is a legal claim against real property that secures payment for work performed or materials supplied to improve that property. In Florida, the lien attaches to the land and the improvements — your home and the lot it sits on.

A filed lien appears in the Duval County public records and constitutes a cloud on title. A title company will not issue title insurance on a property with an unresolved lien, which means you cannot sell or refinance until the lien is discharged. Discharge requires either payment, a court order, or filing a lien transfer bond (a surety bond in the amount of the lien, plus 25 percent).

The lien right exists for a broad class of parties: general contractors, subcontractors of any tier, material suppliers, equipment lessors, architects, engineers, and land surveyors. A roofing company that supplied shingles to your GC has lien rights on your home if the GC fails to pay them.

This is the fundamental asymmetry of Florida lien law: you can pay your GC in full, but if the GC does not pay its subcontractors and suppliers, those parties can lien your property for amounts you effectively paid the GC but that never reached them.

Chapter 713 Florida Statutes: The Basics

Florida Statute Chapter 713 is the Construction Lien Law. Its key provisions affecting homeowners:

Section 713.05 establishes lien rights for persons who perform labor or furnish materials under contract with the property owner directly.

Section 713.06 establishes lien rights for persons who perform labor or furnish materials under contract with a contractor or subcontractor (not the owner directly). This is the section that creates lien rights for subs and suppliers the owner has never contracted with.

Section 713.13 governs the Notice of Commencement — required before a lien can attach in most circumstances.

Section 713.06(2) requires subcontractors and suppliers to serve a Notice to Owner (NTO) as a condition of preserving their lien rights, except for those contracting directly with the owner or a licensed contractor who holds a direct contract with the owner.

Section 713.08 governs the form and content of a lien claim.

Section 713.22 sets the timeline for filing a lawsuit to enforce a lien — 1 year from the date the lien is filed.

The full text of Chapter 713 is available through the Florida Legislature's website. For complex disputes, Florida construction attorneys who specialize in lien law are available in Jacksonville — the Florida Bar's Lawyer Referral Service can provide referrals.

Notice of Commencement: What It Is, Why You File It, and How

The Notice of Commencement (NOC) is a legal document that the property owner (or the owner's designated representative) must record before construction begins on a project valued at $2,500 or more. It is filed with the Duval County Clerk of Court and recorded in the public records.

Why the NOC matters. The NOC establishes your position in the lien chain. It identifies the property, the owner, the general contractor, the lender (if any), and the surety (if any). Subcontractors and suppliers who serve a Notice to Owner within 45 days of first furnishing labor or materials preserve their lien rights against you. Those who do not serve an NTO within that window lose their lien rights.

Without a filed NOC, the lien chain is not properly established and the protections the NOC provides — specifically, the NTO requirement that alerts you to who is working on your property — do not apply.

How to file the NOC. The NOC must be recorded with the Duval County Clerk of Court before the first inspection or before the first labor or materials are furnished, whichever is earlier. The form is available from the Duval County Clerk's office. Recording fees as of 2025 are $10 for the first page plus $8.50 per additional page. The NOC must be posted on the job site.

Who files the NOC. On a residential project where you contract directly with a licensed GC, the GC typically prepares and files the NOC on your behalf. Confirm with your contractor that this is happening before work starts. If you pull your own permit as an owner-builder, you are responsible for filing the NOC.

Expiration. A NOC is valid for 1 year from the date of recording, or until the project is completed or abandoned, whichever occurs first. On projects extending beyond 1 year, a new or amended NOC is required.

Notice to Owner (NTO): What Subs and Suppliers Send You

If you receive a Notice to Owner (NTO) in the mail during construction, do not discard it. An NTO is a legal notice from a subcontractor or supplier informing you that they are furnishing labor or materials on your project and that they have the right to file a lien on your property if they are not paid.

Receiving an NTO is not alarming — it is routine. What it means is that the party who sent it has properly preserved their lien rights. If your GC fails to pay them, they can lien your property.

When must an NTO be served. Under Florida Statute 713.06(2), subcontractors and suppliers who do not have a direct contract with the property owner must serve an NTO within 45 days of first furnishing labor or materials. If they miss the 45-day window, they lose their lien rights (up to the value of labor and materials furnished before the notice was served).

What to do with an NTO. Log it. Create a spreadsheet of every NTO you receive: the party's name, the date served, the type of work or materials, and the contact information. This list tells you who is on your project and who must receive lien waivers before final payment to the GC.

NTO does not mean the sub is unpaid. An NTO is a protective notice, not a claim. It means the sub is being diligent, not that the GC is failing to pay. Receiving many NTOs on a large project is normal.

Lien Waivers: The 4 Types in Florida

Florida recognizes four forms of lien waiver. Florida Statute 713.20 specifies the required statutory forms — using non-compliant forms creates uncertainty about their effectiveness.

1. Partial Conditional Waiver

Waives lien rights for work performed through a specific date, conditioned on receipt and clearance of a specified payment. Used with progress payments. The waiver becomes effective when the check clears — it is not effective if the check bounces.

2. Partial Unconditional Waiver

Waives lien rights for work performed through a specific date, unconditionally. This waiver is effective regardless of whether payment is received. Do not sign an unconditional waiver before payment has cleared.

3. Final Conditional Waiver

Waives all lien rights upon receipt and clearance of a final payment. Used at project completion. Becomes effective when final payment clears.

4. Final Unconditional Waiver

Waives all lien rights unconditionally. This is the gold standard from the owner's perspective — it means the party has been paid in full and waives all lien rights. Do not accept a final unconditional waiver in exchange for anything other than confirmed payment.

The Florida statutory forms for all four waiver types are specified in Florida Statute 713.20(5). Using the statutory form is the safest practice.

How to Use Lien Waivers to Protect Yourself

The most effective lien protection strategy for a homeowner is systematic lien waiver collection as a condition of each payment to the GC.

Before each progress payment. Require the GC to provide partial conditional lien waivers from itself and from every subcontractor or supplier who has served an NTO on your project, covering all work through the payment period. Hold the payment until all waivers are received.

At final payment. Require the GC to provide final unconditional lien waivers from itself and from all subs and suppliers who have served NTOs, confirming all parties have been paid in full. Hold final payment and retainage until all final unconditional waivers are received and your attorney or title company confirms no liens are recorded in Duval County records.

Practical tip. Run a Duval County Clerk of Court records search on your property address 30 days after final payment to confirm no liens have been filed. Liens can be filed up to 90 days after the last furnishing of labor or materials — the window extends beyond the completion of work.

For guidance on contracts that incorporate proper lien waiver mechanics, see our complete guide to construction contracts in Florida.

What Happens When a Lien Is Filed on Your Property

A lien is filed by recording a Claim of Lien with the Duval County Clerk of Court. The lien is then in the public record and appears in title searches.

Your options upon discovering a filed lien:

1. Pay the lien amount. If the claim is valid and the amount is correct, paying the claimant and obtaining a Satisfaction of Lien removes the cloud on title.

1. Transfer the lien to a bond. Under Florida Statute 713.24, you can transfer a lien from your property to a cash deposit or surety bond filed with the Clerk of Court. The lien claim then attaches to the bond rather than the property, allowing you to sell or refinance while the dispute is resolved. The bond amount must equal the lien amount plus 25 percent. The cost of a surety bond is typically 1–3 percent of the bond amount annually.

1. Contest the lien. If the lien is fraudulent or improperly filed, you can petition the court for an expedited show cause hearing under Florida Statute 713.21. If the lienor fails to appear or fails to demonstrate a valid claim, the court can discharge the lien.

1. Wait for expiration. A lien that is not enforced by filing a lawsuit within 1 year of the lien recording date is extinguished. However, a year is too long to wait if you need to sell or refinance.

How to Dispute a Fraudulent Lien

A fraudulent lien is one filed for an amount that the lienor knows is false, or for work not actually performed, or against property not subject to the lien. Florida Statute 713.31 provides a cause of action for fraudulent lien filing, with a penalty of actual damages, attorney's fees, and costs.

If you believe a lien is fraudulent:

1. Send a written demand to the lienor requiring them to show cause why the lien is valid. Document the demand by certified mail.
2. If the lienor does not respond or cannot support the claim, file a petition for expedited hearing under Florida Statute 713.21.
3. Retain a Florida construction attorney experienced in lien law. Jacksonville has active construction litigation practices, and most attorneys will evaluate lien disputes on an initial consultation basis.

The deadline for contesting a lien is not indefinite. Act promptly to preserve your remedies.

Joint Checks: When and How to Use Them

A joint check is a payment check made payable to both the general contractor and a specific subcontractor or supplier. When the GC endorses the joint check, the sub or supplier also endorses it and deposits it — confirming that both parties have acknowledged the payment and the sub/supplier has received their share.

Joint checks are most useful when:

• A specific subcontractor is responsible for a large portion of the project value (structural steel, mechanical systems, roofing) and you want confirmation they are being paid directly.
• You have reason to question whether the GC is passing payments to subs.
• A sub has served an NTO and the contract amount is large enough to justify the administrative effort.

Include a joint check provision in your construction contract specifying that, upon written request from the owner, the GC agrees to accept joint checks for payments to specified subcontractors. This provision should not require the owner to issue joint checks routinely — the option should be available but not automatically triggered.

Florida's 90-Day Lien Filing Deadline

A lien must be filed within 90 days of the lienor's last furnishing of labor or materials on the project. This is the most important timeline in Florida lien law.

The 90-day window begins from the date the lienor last performed work or delivered materials — not the date of substantial completion, not the date the GC finishes, and not the date final payment was made to the GC. For subcontractors who finish their work early in the project, the clock may run out well before the project itself is complete.

This deadline is a double-edged tool for owners. On one hand, it means that subs who do not file within 90 days of their last furnishing lose their lien rights. On the other hand, a sub who finishes their work in month 3 of a 12-month project has until month 6 to file — months after you may have stopped thinking about their NTO.

Run a title search on your Duval County property within 30–60 days after each subcontractor finishes their phase of work to catch any liens before they become a surprise at closing.

JK Prestige's Lien Waiver Policy

At JK Prestige Construction, lien waiver collection is a standard part of our payment process on every project. Our policy:

• We provide a partial conditional lien waiver from JK Prestige with each payment application.
• We collect partial conditional lien waivers from all subcontractors and material suppliers over $2,500 before presenting each draw request to the owner.
• We collect final unconditional lien waivers from all parties as a condition of our final payment request.
• We file the Notice of Commencement on behalf of the owner before any work begins.

Owners working with us on renovation and new construction projects receive a complete lien waiver package at project close-out. You will have documented confirmation that every subcontractor and supplier has been paid and has waived their lien rights.

This is part of how we approach every project from day one. For homeowners exploring renovation options in Jacksonville, see our home renovation services.

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