Can a Contractor Put a Lien on My House for Unpaid Work in Florida?

Can a Contractor Put a Lien on My House for Unpaid Work in Florida?

Yes. Under Florida's Construction Lien Law (Chapter 713, Florida Statutes), a contractor who improved your property and was not paid can record a Claim of Lien against your house. To do so, the contractor must generally be properly licensed, must record the lien within 90 days of last furnishing labor or materials, and — if they had no direct contract with you — must have served a Notice to Owner first. A recorded lien clouds your title and can lead to foreclosure if it is not paid or contested.

How a Construction Lien Works in Florida

A construction lien (often called a "mechanic's lien" or "contractor's lien") is a legal claim against your real property that secures a debt for labor, services, or materials used to improve it. Florida's Construction Lien Law, found in Chapter 713, Florida Statutes, lets contractors, subcontractors, laborers, and material suppliers use your house as collateral when they go unpaid for work that benefited the property.

The key consequence is that the lien attaches to the property, not just to you personally. Once recorded in the county's official records, it becomes a cloud on your title. That means:

• You generally cannot sell or refinance the home with clear title until the lien is satisfied, bonded off, or discharged — a title company will flag it at closing.
• The lienholder can file a lawsuit to foreclose the lien, and a court can order the property sold to pay the debt.
• Interest, and in some cases the lienholder's attorney's fees and court costs, can be added to the amount you owe.

Not everyone who works on your home automatically has lien rights, and not every lien is valid. The law sets out specific eligibility rules, notice requirements, and strict deadlines. A lien that fails to follow those rules can be challenged and removed. Understanding the framework is the difference between paying a claim you actually owe and being pressured into paying one that is legally defective.

Who Can File a Lien — and the Licensing Requirement

Florida law gives lien rights to people in the chain of construction who furnish labor, services, or materials to permanently improve real property. This typically includes:

• General contractors who have a direct contract with you, the owner.
• Subcontractors and sub-subcontractors hired by your general contractor.
• Laborers who perform work on the job.
• Material suppliers who deliver materials used on the project.
• Certain design professionals, such as architects, engineers, surveyors, and landscape architects, under separate provisions.

There is a critical limitation that protects Florida homeowners: licensing. Under Chapter 489, Florida Statutes, a contractor performing work that requires a license must actually hold that license. Florida courts have applied §489.128 to bar an unlicensed contractor from enforcing a contract — including enforcing a lien — for work that required licensure. In plain terms, if your "contractor" was not properly licensed for the job they did, they generally cannot collect through a construction lien, even if they did the work and even if they were genuinely not paid.

This is one of the first things to check when a lien appears. You can verify a contractor's license through the Florida Department of Business and Professional Regulation (DBPR) at myfloridalicense.com. If the lienholder was required to be licensed and was not, the lien may be unenforceable.

A second protection is the Notice to Owner. A subcontractor or supplier who has no direct contract with you — which is most of them — must serve you a written Notice to Owner before they can perfect a valid lien. The Notice to Owner generally must be served within 45 days of the lienor first furnishing labor or materials, and must be served before the contractor's final payment to be effective against you. If you paid your general contractor in full before ever receiving a Notice to Owner from a particular subcontractor, that is a strong defense against that subcontractor's lien. Your general contractor, by contrast, has a direct contract with you and does not need to send a Notice to Owner to preserve lien rights.

The Deadlines: 45 Days, 90 Days, and One Year

Florida's lien law runs on strict clocks. Missing any one of them can void a contractor's lien — or, on the owner's side, cause you to miss your chance to fight it.

• 45 days — Notice to Owner. A lienor with no direct contract with you must serve a Notice to Owner within 45 days of first furnishing labor or materials. Miss it, and that subcontractor or supplier loses lien rights against you.
• 90 days — recording the Claim of Lien. A lien must be recorded in the county's official records within 90 days after the lienor's last furnishing of labor, services, or materials to the job. The clock runs from the last day of real work — not punch-list or warranty visits made just to extend the deadline. A lien recorded on day 91 is untimely and subject to discharge.
• 15 days — serving the recorded lien. After recording, the lienor must serve a copy of the Claim of Lien on the owner within 15 days. Failure to serve it properly can defeat the lien.
• One year — foreclosing the lien. Once a lien is recorded, the lienholder generally has one year to file a lawsuit to enforce (foreclose) it, unless that period is shortened. If they do not sue within a year and the period has not been lawfully extended, the lien expires and can be removed.

As the owner, you are not powerless while these clocks run. Florida gives you two tools to force the issue:

• A Notice of Contest of Lien (§713.22) shortens the lienholder's time to file a foreclosure suit from one year to 60 days from the date you record the notice. If they do not sue within those 60 days, the lien is extinguished.
• A 20-day summons (Order to Show Cause) under §713.21(4) lets you petition the court to require the lienholder to show cause why the lien should not be discharged. If they fail to respond in time, the court can discharge the lien.

These deadlines are unforgiving on both sides, which is exactly why they are useful. Many invalid liens fall away simply because the lienholder did not meet a statutory step.

What to Do If a Contractor Files a Lien on Your House

Receiving a Claim of Lien is stressful, but a methodical response protects you. Take these steps:

1. Read the lien and note the dates. Find the recording date, the claimed "last furnishing" date, the amount, and who filed it. Compare the last-furnishing date to the 90-day window and confirm whether the lien was recorded on time.
2. Check the license. Look up the contractor at DBPR (myfloridalicense.com). If the work required a license the contractor did not hold, the lien may be unenforceable under §489.128.
3. Look for a Notice to Owner. If the lienholder is a subcontractor or supplier you have no contract with, determine whether they ever served you a timely Notice to Owner. If not — and especially if you already paid your general contractor in full — you likely have a defense.
4. Demand the Contractor's Final Payment Affidavit. Before a general contractor with a direct contract can foreclose a lien, §713.06 requires them to give you a sworn final payment affidavit listing everyone still owed, at least 5 days before filing suit. This shows you exactly who claims to be unpaid.
5. Gather your proof of payment. Pull canceled checks, bank records, signed lien waivers (partial and final), and your contract. If you can show you already paid for the work the lien claims, that is powerful evidence.
6. Consider bonding off the lien. Under §713.24, you can record a lien transfer bond (or deposit cash with the clerk) to move the lien off your property and onto the bond. This clears your title so you can sell or refinance while the dispute is resolved.
7. Send a Notice of Contest or a Show Cause demand to compress the lienholder's deadline and force them to either sue or let the lien die.
8. Watch for fraud. Under §713.31, a lien that is willfully exaggerated, filed for work not performed, or compiled with willful disregard for the truth can be a fraudulent lien — which is unenforceable and can expose the filer to damages.

Do not ignore a lien, and do not assume it is valid just because it was recorded. Clerks record liens without checking whether they are legally sound. The validity is decided later — and often in the owner's favor when the contractor cut a corner on licensing, notice, or timing.

Frequently Asked Questions

Q: Can an unlicensed contractor put a lien on my house in Florida? A: Generally no, not enforceably. If the work required a license under Chapter 489 and the contractor did not hold one, Florida law (§489.128) typically bars them from enforcing the contract or the lien — even if the work was done and they were not paid. Always verify the license at DBPR before paying a disputed lien.

Q: How long does a contractor have to file a lien in Florida? A: A Claim of Lien must be recorded within 90 days of the last day the contractor furnished labor, services, or materials. Subcontractors and suppliers without a direct contract must also have served a Notice to Owner within 45 days of first furnishing. After recording, the lienholder has one year to file a foreclosure suit unless that time is shortened.

Q: Can a contractor lien my house if I already paid in full? A: Possibly, but you have strong defenses. If you paid your general contractor in full and never received a Notice to Owner from a particular subcontractor or supplier, that party generally cannot enforce a lien against you. Keep canceled checks, lien waivers, and the contractor's final payment affidavit to prove payment.

Q: How do I remove a contractor's lien from my property? A: Options include paying the valid amount in exchange for a release, recording a lien transfer bond under §713.24 to move the lien onto a bond, filing a Notice of Contest to shorten the lienholder's suit deadline to 60 days, or petitioning the court with a 20-day Show Cause demand. If the lien is invalid or fraudulent, a court can discharge it.

Q: What happens if I do not pay a valid construction lien? A: The lienholder can file a lawsuit within one year to foreclose the lien. If they win, a court can order your property sold to satisfy the debt, plus interest, court costs, and potentially the lienholder's attorney's fees. A lien also blocks a clean sale or refinance until it is cleared.

Q: Is a construction lien the same as a Notice to Owner? A: No. A Notice to Owner is an early warning a subcontractor or supplier sends to preserve future lien rights. A Claim of Lien is the actual recorded legal claim against your property. The Notice to Owner comes first; the lien comes later if the lienor goes unpaid and meets the deadlines.

Q: Can a contractor file a lien for work I think was defective? A: They can record one, but defective or incomplete work is a defense you can raise. If a contractor breached the contract or performed work below standard, you may be able to offset or defeat the lien amount, and you may have your own claim for damages. Document the defects with photos, estimates, and inspection reports.

Talk to a Florida Attorney

A construction lien on your home can stall a sale, threaten foreclosure, and pressure you into paying a debt you may not actually owe. Many contractor liens in Florida fail on licensing, a missing Notice to Owner, or a blown deadline — but you have to act within the statute's clocks to use those defenses. If a contractor has placed a lien on your property, or you are dealing with damage or defective work from a contractor, Louis Law Group can review your documents and explain your options under Florida's Construction Lien Law.

See if you qualify or call (833) 657-4812 to speak with our team about your Florida property and contractor-damage claim.

This article is general information about Florida law, not legal advice. Statutes and deadlines change and apply differently to each situation. Speak with a licensed Florida attorney about your specific circumstances.