Florida Lien Law

16% of this exam

Florida's Construction Lien Law (FS 713) gives everyone who improves real property a path to payment security — if they hit every deadline. This is the most heavily weighted and most lookup-friendly domain on the exam: nearly every question turns on a deadline or a document name.

Core concepts

The document chain follows the project

Owner records a Notice of Commencement before work starts. Lienors without a direct owner contract serve a Notice to Owner within 45 days of first furnishing. Anyone unpaid records a Claim of Lien within 90 days of final furnishing, serves it on the owner within 15 days, and must sue within 1 year.

The owner has defenses

An owner who follows the 'proper payments' procedure (getting releases and the contractor's final payment affidavit before paying) cannot be forced to pay twice. A missed NTO or late claim of lien is a complete or partial defense.

Bonds replace liens

When a payment bond under 713.23 covers the project, the property is exempt from most liens — subs and suppliers claim against the bond instead.

Waivers are forms, not promises

Florida provides statutory waiver forms; conditional waivers protect you until the check clears, unconditional ones give up rights immediately.

Key facts to know cold

Notice to OwnerServe within 45 days of first furnishing (FS 713.06)
Claim of LienRecord within 90 days of final furnishing (FS 713.08); serve on owner within 15 days
Enforcement window1 year from recording — shortened to 60 days by a Notice of Contest (FS 713.22)
Final payment affidavitGive owner at least 5 days before suing on the lien (FS 713.06(3)(d))
Notice of CommencementEffective 1 year by default (FS 713.13)

See it drawn out

Fig — The lien law document chain
  1. StartNotice of Commencement

    Recorded by the owner before work begins; expires in 1 year unless a longer period is stated.

  2. Day 0First furnishing

    The lienor's first day of labor or materials on the job.

  3. +45 daysNotice to Owner served

    Within 45 days of FIRST furnishing, for lienors not in privity with the owner. Missing it is a complete defense.

  4. Final dayFinal furnishing

    The lienor's last day of labor, services, or materials.

  5. +90 daysClaim of lien recorded

    Within 90 days of FINAL furnishing — and a copy served on the owner within 15 days of recording.

  6. +1 yearSuit to enforce

    Within 1 year of recording — shortened to 60 days if the owner serves a Notice of Contest of Lien.

Fig — How an owner shortens the clock
  1. Day 0Claim of lien recorded

    Enforceable for 1 year by default.

  2. Owner actsNotice of Contest of Lien served

    A low-cost tool that forces the lienor's hand.

  3. +60 daysSuit deadline

    Sue within 60 days of service or the lien is extinguished.

Where it lives in your books

The real exam is open book. Knowing which book — and which tab — answers this domain is worth as much as memorizing it.

Lookup strategy

  • · Every deadline lives in four sections: 713.06 (NTO), 713.08 (claim), 713.13 (NOC), 713.21–.22 (duration). Tab all four.
  • · If the question asks 'who must serve' rather than 'when', start at the definitions in 713.01 — privity decides the answer.

Reading isn't learning — retrieval is.

29 questions in this domain, each with an explanation and source.