Under Florida’s construction lien law, suppliers and subcontractors who aren’t paid can place a lien on your property, even if you paid your contractor. You protect yourself by tracking notices, collecting lien releases and getting a final payment affidavit before you make the last payment.
The rules, in brief
See also:Contact →| Rule | What the statute says |
|---|---|
| Notice to Owner deadline | Suppliers and subcontractors without a direct contract with you must serve it before they start, or no later than 45 days after they start furnishing labor or materials (s. 713.06(2)(a)) |
| Payments are protected | You owe nothing to a lienor, other than laborers, who had not sent a Notice to Owner when you made a payment (s. 713.06(3)(c)) |
| Final payment affidavit | You can hold the final payment until the contractor provides it. It lists any lienor not paid in full and the amount due (s. 713.06(3)(d)) |
| Notice of Commencement | Required when the job value is over $5,000 |
The documents to know
| Document | What it is | What to do |
|---|---|---|
| Notice of Commencement | Recorded notice that the job has started, required over $5,000 | Record it and post a copy on site |
| Notice to Owner | Sent by suppliers/subs who may have lien rights | Keep every one you receive |
| Lien release (waiver) | Confirms a party has been paid | Collect one from each Notice-to-Owner sender |
| Final payment affidavit | Contractor states who has and hasn’t been paid | Get it before final payment |
| Lien law disclosure | Required in any direct residential contract over $2,500 for a 1 to 4 unit home (s. 713.015). Printed in at least 12-point, all-caps, bold type, on the front page or a separate page | Read it, then sign and date it |
| Recovery Fund notice | Required notice in residential contracts | Read it. It explains your rights |
Before your final payment
- List every Notice to Owner you received
- Match each one to a signed release
- Get the contractor’s final payment affidavit
- Then make the final payment
We provide the final payment affidavit and releases at closeout, as part of the job file.
Why a lien can happen even if you paid
Florida gives suppliers and subcontractors lien rights so they get paid for materials and labor that improve your property. If your contractor doesn’t pay them, they can pursue a lien against the property. That is why collecting releases matters.
Keep a simple file
- A copy of the recorded Notice of Commencement
- Every Notice to Owner you receive, with the date
- Each payment you make, with proof
- Each lien release you collect
- The final payment affidavit
When to ask for help
If you receive a notice from a supplier you don’t recognize, ask your contractor about it right away. For legal questions, talk to a Florida attorney. This article is general information, not legal advice.
Frequently asked questions
What is a Notice to Owner in Florida?
A notice from a supplier or subcontractor letting you know they are working on your project and may have lien rights. It must be served before they start, or within 45 days after they start furnishing labor or materials.
What is a lien release?
A signed document confirming a party has been paid and waives lien rights for that payment.
Do I need a Notice of Commencement for a roof?
Yes, when the job value is over $5,000. The 2023 law raised the threshold from $2,500.
Can I hold the final payment?
Yes. You can hold the final payment until the contractor gives you the final payment affidavit (s. 713.06(3)(d)).
Does SafeTech provide releases?
Yes, at closeout with the final payment affidavit.
About the author
Roshy Rajan has worked in Broward County real estate and construction since 2006. He founded SafeTech Roofing and Windows (SafeTech Builders Inc.) after a hurricane left a friend with roof and window damage and the referrals kept coming. Florida Certified General Contractor CGC1537934 · Certified Roofing Contractor CCC1336954 · BBB Accredited.
