Under Florida’s Construction Lien Law, a contractor is defined as “person other than a materialman or laborer who enters into a contract with the owner of real property for improving it or who takes over from a contractor” the remaining work under the original contract. It is important to remember that certain trades could be considered a contractor. For example, although a roofer, plumber or electrician typically works as a subcontractor on a construction project,

Florida law requires that a copy of the construction lien be served on the owner of the real property “before recording or within 15 days after recording” the construction lien. Although a lienor is only required to serve a copy of the construction lien on the owner, as soon as a construction lien is signed and notarized, a copy should be sent to everyone listed on the notice of commencement and the notice to owner.

The purpose of a statutory notice to owner is to protect an owner from the possibility of paying their contractor monies that are intended to be paid to subcontractors and/or materialmen who remain unpaid. A notice to owner informs the owner that the materialman or subcontractor is expecting payment for labor and/or materials incorporated into the owner’s real property. The notice to owner form provided in Section 713.06, Florida Statutes, should be completed accurately. It

To be enforceable, a construction lien must be timely recorded in the clerk’s office of the county in which the real property is located. Generally, a construction lien is considered timely if it is recorded during the progress of the work or thereafter, but not later than ninety (90) days after the final furnishing of the labor, services or materials by the lienor, or, with respect to rental equipment, within ninety (90) days after the

For most private (non-governmental) projects over $2,500, a notice of commencement is required to be recorded in the official records prior to commencement of work. If a recorded notice of commencement is not expired or terminated at the time of recording of a construction lien, the construction lien establishes its priority as of the date and time of the recording of the notice of commencement in the official records. This principle is often referred to