A claim of lien is a public record that serves as notification to the world about a lien claim. It’s not an action to enforce the lien nor does it establish its existence. Nevertheless, recording a claim of lien is a legal requirement before acquiring a construction lien.

Who can Record a Claim of Lien?

In Florida, certain professionals have the right to place a lien on property. This is governed by Florida Statute 713.03. To qualify as a professional and impose a lien, you’ll need the necessary professional license.

What are the Requirements for a Claim of Lien?

A claim of lien needs to be signed and sworn to or affirmed by the lienor or their representative who knows the facts. The names of the lienor’s customers must be listed in the claim of lien. It also needs to describe the services or materials provided. This can be done in general, except for specially fabricated materials that aren’t part of the property. These materials need to be listed separately in the claim of lien, and their value needs to be stated separately. The claim of lien needs to describe the property being liened in a way that’s clear enough to identify it. The form prescribed in the statute says that the property description is the legal description of the property. For example, a street address alone is usually enough to identify the property if there’s no confusion about the property description. 

A Claim of Lien Must be Recorded & Served on the Owner

To secure its lien rights, a professional must satisfy only two conditions: he or she must (1) record a claim of lien, in the statutory form, within 90 days of the last work or furnishing of services to the job project; and (2) serve a copy of the claim of lien on the owner within 15 days of recording the claim of lien in the county where the real property is located. F.S. 713.08. No notice to owner is required of any professional lienor; thus, whereas an architect may subcontract out various engineering services, there is no requirement that the engineers, even though not in direct privity with the owner.

Ormond Beach Foreclosure Defense Lawyer

Florida’s Lien Law requires strict adherence to Chapter 713, Florida Statutes. For issues involving construction liens, HOA liens or other liens, contact Ormond Beach foreclosure defense attorney Andrew J. Pascale, Esq. at 877-667-1211.  This blog does not constitute legal advice and is for illustrative purposes only.

According to Florida’s construction lien law, a contractor is obligated to provide a homeowner with a final contractor’s affidavit.  The consequence of failure to provide the affidavit is severe.  Simply, a contractor cannot assert a lien or initiate legal action against the owner under the contract if they fail to provide the final payment affidavit. Moreover, failure to deliver this affidavit at least five days before initiating a lien action serves as a complete affirmative defense to the contractor’s lien claim as outlined in § 713.06(3)(d)(1). Refer to Timbercraft Enterprises, Inc. v. Adams, 563 So. 2d 1090 (Fla. 4th DCA 1990) for further details.

Homeowner Duty to Obtain Affidavit Before Making Final Payment

The homeowner is obligated to secure the final contractor’s affidavit before issuing the final payment. The objective of the final contractor’s affidavit is to safeguard the owner from double payment.

Sub-Contractors are not required to provide Final Contractor Affidavit

A subcontractor is not required to give a final contractor’s affidavit.

Conclusion

A contractor must file a contractor’s affidavit to foreclose on a mechanic’s lien. Without this affidavit, the contractor can’t foreclose, even if the contract ends before completion. Florida’s Construction Lien Law requires strict adherence to Chapter 713, Florida Statutes. For issues involving construction liens, contact Ormond Beach real estate litigation attorney Andrew J. Pascale, Esq. at 877-667-1211.