Liens and Notice of Commencement

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Protecting Property Owners: Understanding Florida’s Construction Lien Laws

As construction projects continue throughout Florida, property owners must understand their responsibilities and rights regarding Florida’s lien laws. Failure to follow proper procedures could result in unexpected liens on your property, even if you have paid your contractor in full. Your state may have variations of these laws.

The Importance of a Notice of Commencement (NOC)​

Under Florida Statute 713.13, property owners must record a Notice of Commencement (NOC) with the county clerk before any construction project meeting or exceeding $5,000 ($15,000 for HVAC work) begins. The NOC serves as a formal project declaration and ensures transparency regarding all parties involved. A copy of the recorded NOC must be posted at the job site and provided to the Building Department before the first inspection.

Protecting Against Liens​

Even when a property owner pays the general contractor (GC) in full, subcontractors and suppliers can still file a lien against the property if they have not been paid. To safeguard against this, property owners should take the following steps:

1. Obtain Partial Lien Releases – When making progress payments, request a partial lien release from both the GC and subcontractors for that phase of work.
2. Secure a Final Lien Release – Before making the final payment, obtain a final lien release from the GC and all subcontractors and suppliers.
3. Request a Contractor’s Affidavit – Before issuing the last payment, ask for an affidavit from the GC stating that all parties have been paid in full.
4. Track Notices to Owner (NTOs) – Subcontractors and suppliers who do not contract directly with the owner must send a Notice to Owner (NTO) within 45 days of starting work to preserve their lien rights. Owners should keep track of NTOs and confirm payments to those entities.

Why This Matters​

Construction liens can create legal and financial headaches for property owners. Understanding the lien process and proactively obtaining lien releases ensures that your investment remains protected. These simple steps can help avoid potential disputes and provide peace of mind.