Construction liens, and how homeowners end up paying twice
A subcontractor or supplier you never hired can place a lien on your home — even if you paid your general contractor in full. If your contractor took your money and did not pay them, the debt attaches to your property, not to him. That is the single most consequential thing to understand before any Florida building work starts.
Homeowners assume that a paid invoice ends their exposure. It does not. Florida’s lien law gives everyone who improved your property a claim against the property itself. Your defence is not the payment — it is the paperwork you collect in exchange for it.
The notice system, in order
- Notice of Commencement. Recorded before work starts on larger jobs. It tells everyone who the owner and lender are, so they know whom to notify. Required before your first inspection when the direct contract exceeds $5,000† — note this is an inspection trigger, not a permit trigger, and repairing or replacing an existing heating or air-conditioning system under $15,000† is exempt entirely.
- Notice to Owner. Anyone not contracting directly with you must serve this within 45 days† of first furnishing labour or materials, or they have no lien rights. These arrive by certified mail and look like junk. They are not.
- Claim of Lien. If they go unpaid, the lien must be recorded within 90 days† of their final furnishing.
- Enforcement. A recorded lien must be enforced by lawsuit within a limited period or it expires — but by then it has already clouded your title and can block a sale or refinance.
It is not a bill and it does not mean anything is wrong. It is a supplier telling you they are on the job so that they preserve the right to lien if your contractor does not pay them. Treat each one as a name to check off your release list before you make the next payment.
How to actually protect yourself
- Collect lien releases with every payment. Partial releases as you go, a final release at the end, from the general contractor and from everyone who sent you a Notice to Owner. This is the whole defence.
- Keep the Notices to Owner in one place and reconcile them against your releases. Anyone who noticed you and has not released is unresolved exposure.
- Request a contractor’s sworn statement of account before the final payment, listing everyone unpaid.
- Pay by cheque or transfer, never cash, and keep the trail.
- Do not make the final payment early. It is the only leverage you retain, and releases are much harder to obtain afterwards.
- Consider joint cheques to the contractor and a major supplier together on large jobs.
The unlicensed contractor asymmetry
This is the part that surprises people, and it runs in the homeowner’s favour. A contract with an unlicensed contractor is unenforceable in law or in equity by the unlicensed contractor — while the other party keeps its rights†. He cannot sue you on it, and he cannot lien your property. You, however, retain your rights against him.
A licence is required in Florida for work over $2,500† or for anything requiring a permit. So the licence check you do before hiring is not bureaucracy — it decides whether the person working on your house can attach a legal claim to it.
The protection is real but it is the consolation prize. An unlicensed contractor is also uninsured in practice, pulls no permits, leaves you with unpermitted work that surfaces when you sell, and is frequently not worth suing even when you win. The asymmetry is a backstop, not a strategy.
If a lien has already been filed
- Read it against your records. Did they serve a Notice to Owner in time? Was it recorded within 90 days† of their last work? Procedural failures invalidate liens regularly.
- Check whether you already hold a release from that party. It happens more often than you would expect.
- Check whether they were licensed if a licence was required for their work.
- Get advice before paying. Paying an invalid lien to make it go away rewards a claim you did not owe and does not stop the next one.
Related
Common questions
Can a subcontractor lien my house if I already paid my contractor?
Yes. Florida lien law attaches the claim to the property, not to the contractor who took your money. Your protection is collecting lien releases with every payment, not the payment itself.
What is a Notice to Owner in Florida?
A notice served by anyone who is improving your property but does not have a direct contract with you, within 45 days of first furnishing. Without it they have no lien rights. It is not a bill — treat it as a name to obtain a release from.
How long does a contractor have to file a lien in Florida?
90 days from their final furnishing of labour, services or materials, under §713.08.
Can an unlicensed contractor put a lien on my property in Florida?
No. Under §489.128 a contract with an unlicensed contractor is unenforceable in law or equity by that contractor, and he cannot pursue lien or bond remedies. The other party keeps its rights, so the asymmetry favours the owner.
When is a notice of commencement required in Florida?
Before the first inspection when the direct contract exceeds $5,000. The statute expressly does not tie it to permit issuance, and repairing or replacing an existing heating or air-conditioning system under $15,000 is exempt.
Florida’s Construction Lien Law is Chapter 713 of the Florida Statutes and is procedurally unforgiving on both sides. This is general information about how the system works, not legal advice — take advice on a live lien.