Recording a construction lien marks an important step, but it does not guarantee payment. Property owners or general contractors may still dispute or ignore your claim, leaving you waiting for payment for labor, services or materials. Florida law sets deadlines and procedures for enforcing a recorded lien.
What does recording a construction lien actually do?
A recorded construction lien can affect a property’s title and complicate a sale or refinance. However, recording the lien does not force the owner to pay. You may need to negotiate a resolution or take legal action to recover the amount owed.
The lien also has a limited enforcement period. Understanding the applicable deadlines can help you determine what steps to take next.
What is the deadline to enforce your lien?
Under Florida Statutes § 713.22, you generally have one year from recording your claim of lien to begin an enforcement action. The statute also addresses amended claims that show a later date of final furnishing. However, Florida Statutes § 713.08(4)(b) limits when a claim may be amended and protects parties who relied in good faith on the original claim. Consult a Florida construction-law attorney before relying on an amended claim to calculate your enforcement deadline.
A property owner or the owner’s attorney may also record a Notice of Contest of Lien. After the clerk serves the notice in accordance with the statute, you generally have 60 days from service to file an action to enforce the lien. If you miss this deadline, the lien is automatically extinguished.
How can you pursue payment after recording a lien?
A lien foreclosure action asks the court to enforce the lien against the property. Depending on the case and its outcome, enforcement may lead to a judicial sale or other relief.
Negotiation may resolve a payment dispute faster and at a lower cost, particularly when the owner wants to resolve the title issue. Reviewing your claim and enforcement deadlines can help you assess whether litigation, settlement or another available remedy is appropriate.
What should you do before taking the next step?
Keep copies of your recorded claim, payment records and any notices you receive. Review the recording date and any shortened deadline before deciding how to proceed.
If you need to enforce a recorded construction lien in Fort Lauderdale, Broward County or elsewhere in Florida, a Florida construction lien attorney can review your deadlines, documentation and available enforcement options.