Lien Law (FL Chapter 713)

How to protect your right to get paid — deadlines, notices, waivers, and the mistakes that cost contractors their claims.

When Lien Law Applies to HVAC

Florida's Construction Lien Law (Chapter 713, Part I) applies to anyone furnishing labor, services, or materials for improvement of real property: new system installations, replacements, ductwork modifications, any permanent improvement.

Two Roles: Prime Contractor vs Subcontractor

Most residential HVAC work is direct-to-owner (prime contractor). Commercial jobs, new construction, and larger renovations are typically subcontracted — making the Notice to Owner critical.

The 45-Day Notice to Owner (NTO)

If you don't have a direct contract with the property owner, you must serve a Notice to Owner within 45 days of first furnishing labor or materials. Miss this deadline and you lose all lien rights — no grace period, no exceptions, no cure.

Requirements

• Who receives it: The legal property owner (verify — not just whoever hired you), the owner's designee, and all parties up the payment chain
• How to serve: Certified mail with return receipt, or personal delivery with signed receipt. Regular mail is NOT sufficient.
• Content: Your name/address, property description, nature of services, who you contracted with, statutory warning language per § 713.06(c)

The 90-Day Claim of Lien

Record the Claim of Lien within 90 days from the last date furnishing labor or materials. File with the County Clerk of Court where the property is located. Must be notarized with two witness signatures. Serve a copy on the owner within 15 days of recording.

Enforcement

File a lien foreclosure lawsuit within 1 year from recording. But if the owner files a Notice of Contest, deadline shortens to 60 days. If they file a summons to show cause, it shortens to 20 days.

Lien Waivers

Bond Claims (Public Projects)

Public projects over $100,000 require the prime contractor to post payment and performance bonds (§ 255.05 — Little Miller Act). Since you can't lien government property, the bond is your protection.

1. Obtain the payment bond from the GC before starting work
2. Send Notice to Contractor within 45 days of first furnishing (if no direct contract with GC)
3. File Notice of Nonpayment to both GC and surety within 90 days after last furnishing
4. File lawsuit within 1 year if still unpaid

What to Do on Every Job

Direct-to-owner (most residential work)

1. Pull the permit
2. Collect payment at completion when possible
3. If unpaid past 30 days: calendar the 90-day lien deadline
4. At 60 days: send formal demand letter referencing lien rights
5. At 75 days: prepare Claim of Lien
6. At 85 days: file and serve

Subcontracted jobs (commercial, new construction)

1. Day 1: Get a copy of the Notice of Commencement. Identify the legal owner.
2. Day 1: If public project over $100K, request the payment bond.
3. By Day 40: Serve NTO via certified mail (5-day buffer on 45-day deadline).
4. Keep records of first and last dates furnishing labor/materials.
5. Never sign an unconditional waiver until payment has cleared.

Dollar threshold guidance

Notice of Commencement

The property owner records a Notice of Commencement (§ 713.13) before construction begins. It contains:

• Owner's legal name and address
• Property description
• General contractor's name
• Surety bond info (if applicable)
• Owner's designee for receiving notices
• Expiration date

Contractor's Final Payment Affidavit

Before receiving final payment on a direct contract, the prime contractor must provide a Final Payment Affidavit (§ 713.06) to the owner listing:

• All lienors (subs, suppliers) who have been paid in full
• All lienors with outstanding balances and amounts owed

The owner can retain final payment until this affidavit is received, and can pay lienors directly from retained funds (with 10 days notice to the contractor).

Common Mistakes That Lose Lien Rights

1. Missing the 45-day NTO deadline. No cure, no extension. Calendar it on Day 1.
2. Sending NTO to the wrong party. Must go to the legal property owner, not just whoever signed the contract. Check the Notice of Commencement.
3. Relying on outdated Notice of Commencement info. Owners can amend it. Check for updates.
4. Missing the 90-day Claim of Lien filing deadline. Absolute and non-extendable.
5. Failing to serve lien copy on owner within 15 days of recording. Makes the claim voidable.
6. Signing unconditional waivers before payment clears. Waives rights permanently even if the check bounces.
7. Exaggerating the lien amount. Third-degree felony in Florida (§ 713.31). Only include legitimate unpaid amounts.
8. Including attorney fees or penalties in lien amount. Not permitted — can invalidate the claim.
9. No internal tracking system. Multiple active projects mean multiple deadlines. One missed = one lost claim.
10. Not being licensed. Unlicensed HVAC work = zero lien rights, period.

Key Statutes Reference