954-767-9662
Disputing a mechanics lien in Florida requires understanding strict deadlines, proper legal procedures, and the rights of both property owners and contractors. A Florida mechanics lien gives contractors, subcontractors, and suppliers a security interest in the property they improved when they are not paid. When a lien is improperly filed — or when the amount is disputed — property owners have legal tools to challenge it. Acting within the required timeframes is essential because Florida’s Construction Lien Law is unforgiving about missed deadlines.
Florida’s Construction Lien Law: The Basics
Florida’s Construction Lien Law (Chapter 713) governs who can file a lien, the required notices, and the timelines for enforcement. Key rules include:
- Contractors must serve a Notice to Owner within 45 days of first furnishing labor or materials
- Liens must be recorded within 90 days of the last day of furnishing labor or materials
- Lien foreclosure lawsuits must be filed within 1 year of recording, or the lien is extinguished
- Property owners can transfer a lien to a bond to clear title while the dispute is resolved
A Florida construction litigation attorney can identify procedural defects in a lien filing that may provide grounds for discharge.
Grounds to Challenge a Florida Mechanics Lien
Not every lien that gets recorded is valid. Common grounds to challenge or discharge a Florida mechanics lien include:
- Failure to serve the required Notice to Owner before starting work
- The lien was recorded after the 90-day deadline
- The lien amount is inflated or includes work not actually performed
- The liening party does not have a direct contract with the owner or a qualifying subcontract
- The work was not properly authorized by the property owner
How to Discharge or Transfer a Florida Mechanics Lien
Florida law gives property owners two main paths to deal with a recorded lien while a dispute is ongoing:
| Method | How It Works |
|---|---|
| Lien Transfer to Bond | Owner posts a cash bond or surety bond equal to the lien amount. The lien is removed from the property and the bond becomes the security for the contractor’s claim. |
| Show Cause / Discharge Proceeding | Owner files a motion in circuit court asking the lienor to show cause why the lien should not be discharged for procedural or substantive defects. |
| Demand to Commence Action | Owner serves written demand on lienor to file suit within 60 days or the lien is extinguished by operation of law. |
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can a subcontractor lien my property in Florida? | Yes — if they served a proper Notice to Owner within the required 45-day window and recorded their lien timely. |
| What happens if I don’t pay a valid mechanics lien in Florida? | The liening party can file a foreclosure lawsuit and potentially force a sale of your property to satisfy the debt. |
| Can I recover attorney fees in a mechanics lien dispute in Florida? | Yes. Florida’s Construction Lien Law allows attorney fee awards to the prevailing party in lien foreclosure actions. |
Protect Your Florida Property from Invalid Mechanics Liens
A Florida mechanics lien on your property can block a sale, delay a refinance, and create significant financial stress. If a lien has been recorded against your property — or if you are a contractor whose lien rights need to be protected — Feinstein Law can help. Call (954) 452-4000 or visit our contact page for a consultation.
About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling construction litigation, real estate disputes, and contract matters throughout South Florida.
