Florida · Fla. Stat. ch. 713Florida construction liens: 90 days to record, one year to sue
In Florida a contractor, subcontractor or supplier perfects a construction lien by recording a claim of lien during the work or within 90 days after its final furnishing of labor, services or materials (Fla. Stat. §713.08(5)). The lien lapses one year after recording unless a suit to enforce it is filed; the owner can shorten that to 60 days by recording a notice of contest (§713.22). Before work starts the owner records a notice of commencement, which stops binding later buyers and lenders one year after recording unless it states otherwise (§713.13(6)). Improvements with a direct contract price of $2,500 or less are exempt from most of Part I (§713.02(5)).
Deadlines and rules
Recording deadline
During the work or within 90 days after the lienor's final furnishing (§713.08(5)).
Service on the owner
The claim must be served on the owner before or within 15 days after recording, or it can be voidable (§713.08(4)(c)).
Duration
1 year from recording unless suit is filed; a notice of contest cuts it to 60 days (§713.22).
Notice of commencement
Recorded before work starts; ineffective against later buyers and lenders after 1 year unless it says otherwise (§713.13(6)).
Small jobs
Direct contract price of $2,500 or less – exempt from most of the lien law (§713.02(5)).
Before closing, ask for
- Whether a notice of commencement is recorded on the property and whether the work is finished.
- Final releases of lien from the contractor and any lienor who served a notice.
- A termination of the notice of commencement, or the title company's requirement for it.
- Dates of the last work, to see whether the 90-day window is still open at closing.
Where it goes wrong
- Work finished weeks before closing – a contractor can still record a lien after the deed.
- Nobody asks the seller about work done in the last months, so the title search shows nothing yet.
- Lien waivers or affidavits come in on closing day and nobody reads them.
Questions buyers ask
How long does a contractor have to file a lien in Florida?
90 days after its final furnishing of labor, services or materials (Fla. Stat. §713.08(5)).
How long does a Florida construction lien last?
One year after recording unless a suit to enforce it is filed; an owner's notice of contest shortens it to 60 days (§713.22).
Does an open notice of commencement affect a sale?
It can, so the title company usually wants it addressed; after one year it no longer binds later buyers unless it states a later date (§713.13(6)).
Related guides
Add "recent work, permits and lien waivers" to the deal checklist as a task with an owner and due date in ClosingCode, with the affidavits stored on the deal.
Start free trialSource: Florida Statutes §§713.02, 713.08, 713.13 and 713.22 (flsenate.gov, 2025 statutes, read October 25, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm, title company or brokerage.