Florida construction lien law and the Notice to Owner
Florida's lien law is not complicated, but it is unforgiving. It gives a contractor or supplier a claim against the property itself, and it takes that claim away permanently if any one of three clocks runs out.
Updated August 2026
The short version
Florida's Construction Lien Law is Chapter 713, F.S. A lienor not in privity with the owner must serve a Notice to Owner within 45 days of first furnishing labor, services or materials. A Claim of Lien must be recorded within 90 days after the last furnishing. An action to enforce the lien must be commenced within 1 year of recording it.
The three deadlines
Step
Deadline, and from when
Notice to Owner — served by a lienor not in direct contract with the owner
45 days from first furnishing labor, services or materials
Claim of Lien — recorded
90 days after last furnishing
Action to enforce (foreclose) the lien
1 year from recording the Claim of Lien, unless the owner shortens it
Note which end of the job each clock is measured from. The Notice to Owner runs from the first day you furnished; the Claim of Lien from the last. Reversing those two is the most common way people get this wrong on the exam and on the job.
Who has to serve a Notice to Owner
The Notice to Owner exists to solve one problem: an owner writing checks to a general contractor has no way of knowing which subcontractors and suppliers are behind that work. So the law requires anyone not in privity — not in a direct contract with the owner — to announce themselves early.
Subcontractors and suppliers working under the general contractor — must serve the NTO
The general contractor, in direct contract with the owner — is in privity, so the owner already knows
Serving late does not shorten the lien; it generally ends it
The practical discipline is to treat the NTO as part of mobilizing the job, not as paperwork for later: the clock starts the first day material or labor reaches the site, whether or not anyone has been paid or invoiced.
The Notice of Commencement
Recorded and posted by the owner, the Notice of Commencement identifies the property, the owner, the contractor and the lender, and establishes the framework for lien rights on the project. It is the document that tells a subcontractor who the owner actually is and where to send the Notice to Owner.
For anyone below the general contractor it is the first thing to look for on a new job, because everything else depends on serving the right party.
Getting paid along the way
Lien rights sit behind the ordinary payment machinery, which is worth understanding in the same breath.
Retainage — a percentage of each progress payment withheld by the owner until the work is satisfactorily completed, commonly 10%
Percentage of completion on a draw request is normally measured cost-to-cost: costs incurred to date divided by total estimated costs
Change orders — a written modification to scope, contract sum or contract time, signed by both parties, not a verbal agreement on site
Retainage percentages and their treatment on public projects are set by statute and contract and change over time — confirm the current rules for your project type rather than assuming the customary 10%.
This page explains Chapter 713 in general terms for people studying for the Business & Finance exam. Lien law is technical and deadline-driven, the consequences of an error are permanent, and this is not legal advice. Consult a Florida construction attorney on an actual claim, and verify current statutes.
Why lien law is exam material
Lien deadlines fall under Managing Administrative Duties, which at 26% is the second-largest content area on the Florida Contractors Business & Finance exam, and they connect to Complying with Government Regulations (15%), where Chapter 713 is named directly alongside Chapter 489 and Rule 61G4.
Because the exam is open book with 120 questions in 6.5 hours, a deadline question is decided by whether you can find the provision fast — or better, already know it. Three numbers, memorized once, are three questions you never have to look up.
Open book still rewards knowing the number
FLBizFinPrep drills all 6 DBPR content areas with 120 exam-style questions and a plain-English explanation on every answer — plus the Open-Book Finder, which trains you to reach for the right reference fast.
Chapter 713, Florida Statutes — the Construction Lien Law — governing notices, claims of lien and their enforcement, and giving contractors, subcontractors and suppliers a claim against the improved property.
What is a Notice to Owner in Florida construction lien law?
A notice that a lienor not in privity with the owner must serve within 45 days of first furnishing labor, services or materials, so the owner knows who is working on the property behind the general contractor.
What is the Florida construction lien law timeline?
Notice to Owner within 45 days of first furnishing; Claim of Lien recorded within 90 days after last furnishing; action to enforce the lien commenced within 1 year of recording, unless the owner shortens that period.
What is the Florida construction lien deadline for recording?
Ninety days after the lienor's final furnishing of labor, services or materials.
What are Florida construction lien rights for a subcontractor?
Florida construction lien rights let a subcontractor claim against the improved property itself, but the Florida construction lien law subcontractor path runs through the Notice to Owner: serve it within 45 days of first furnishing, record the Claim of Lien within 90 days of last furnishing, and sue within a year.
What are the Florida construction lien requirements in order?
The Florida construction lien requirements are sequential: the owner records a Notice of Commencement, a lienor not in privity serves a Notice to Owner within 45 days of first furnishing, a Claim of Lien is recorded within 90 days of last furnishing, and enforcement is commenced within 1 year.
What do the Florida statutes construction retainage rules require?
Retainage is a percentage of each progress payment withheld until the work is satisfactorily completed, commonly 10%. The Florida statutes construction retainage rules differ between private and public projects and change, so confirm the current limits for your project type.
What is a change order construction contract modification?
A change order is a written modification to the contract scope, contract sum or contract time, signed by owner and contractor. A change order construction contract change is not effective as a verbal agreement on the job site.
How does the Florida construction lien process start?
With the owner's Notice of Commencement, which identifies the property, owner, contractor and lender. A lienor not in direct contract with the owner then serves the Notice to Owner within 45 days of first furnishing.
Does Florida construction lien law apply to a subcontractor?
Yes, and the Notice to Owner requirement exists mainly for them. A subcontractor is not in privity with the owner, so it must serve the NTO within 45 days of first furnishing to preserve lien rights.
Does the general contractor have to serve a Notice to Owner?
No. A contractor in direct contract with the owner is in privity, so the owner already knows of the work. The NTO requirement applies to lienors not in privity.
What is the Florida construction lien statute number?
Chapter 713, Florida Statutes. Contractor licensing is separately governed by Chapter 489, Part I, with CILB rules in 61G4, F.A.C.
What is retainage on a Florida construction draw?
A percentage of each progress payment withheld by the owner until the work is satisfactorily completed — commonly 10%, though the rules differ by project type and should be confirmed.
How is percentage of completion calculated on a draw request?
Usually cost-to-cost: costs incurred to date divided by the total estimated costs for the project.
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