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Claim of Lien

Updated on Thu Sep 29 2022 |
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What is a Claim of Lien?

In Florida, a claim of lien (also known as a Mechanic's Lien) is a legal form used to secure payment by placing a 'lien' on the property where the work is done.

Who can file a Claim of Lien?

Direct licensed contractors, subcontractors, material suppliers, equipment lessors, and laborers when they perform work to improve property are typical filers of liens.

Architects, engineers, surveyors, and other design professionals, who are entitled to file a mechanics lien for their services that are for the improvement of real property.

When to file a lien in Florida?

The deadline to file a claim of lien in Florida for prime contractors and subcontractors is 90 days. This means within 90 days of the last furnishing of labor or materials to a job.

Once the lien is filed, you must also serve a copy of the lien to the property owner within 15 days after filing the lien.

What must be included in the Claim of Lien?

  • The name of the lien claimant & address
  • The name of the property owner & address
  • The name of the hiring party & address
  • The description of the real property (sufficient for identification but not required to be a legal description.)
  • The description of the services or materials provided
  • The first and last date of furnishing labor or materials
  • The amount due
  • The amount unpaid
  • The total amount of the contract
  • The required Florida legal warning
  • The dates the preliminary notice was provided to the owner, prime contractor, and subcontractor
  • The signature of the claimant or their agent
  • A notarized signature

Things to note: you cannot include additional costs in your lien amount.

How do you file a Claim of Lien in Florida?

The claim of lien must be filed in the county recorder's office where the property is located. Once filed, you must also send a copy of the claim of lien and serve it to the property owner before filing or within 15 days of filing the lien. Service can be effectuated by: • personal delivery • certified mail (with a return receipt requested) • posting on premises****

Other things to note:

You can only file a claim of lien in Florida on private projects, such as residential or commercial projects.

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