Florida Construction Law: Liens, Defects, Payment Disputes & Contractor Claims

Construction disputes move fast—and small mistakes get expensive. Whether you’re a property owner dealing with defects, a contractor trying to get paid, or a subcontractor facing a threatened claim, the right early steps can protect your leverage and keep a dispute from spiraling.

At our firm, you get direct access to your lawyer and prompt answers, plus a strategy that fits your goal: resolve the issue quickly, or prepare the case for litigation if that’s what it takes.

Call for your first consultation free: (833) 918-1877

The most common construction-law problems we handle

We help clients across Florida with construction disputes involving:

  • Construction defects (water intrusion, structural issues, code violations, improper installation)

  • Contractor disputes (scope disagreements, delays, change orders, workmanship fights)

  • Payment claims (unpaid invoices, retainage disputes, nonpayment)

  • Liens / lien threats (owner protections, claimant compliance, release disputes)

  • Pre-suit notice requirements and dispute escalation

  • Arbitration / mediation when a contract requires it

If you’re not sure which bucket your situation falls into, that’s normal—many construction conflicts involve both contract issues and statutory deadlines.

The deadlines that can make or break a construction case

Construction law is full of “do X by Y date” rules. Two areas routinely cause people to lose leverage:

1) Construction defect pre-suit requirements (Chapter 558)

Florida’s construction defect process requires a specific pre-suit notice and opportunity-to-cure framework before many defect lawsuits can proceed.
If you suspect a defect, your next step should be documenting the issue and getting advice before you send the wrong notice (or miss a required one).

2) Construction lien rules (Chapter 713)

Florida’s lien law can allow certain unpaid parties to lien property even if the owner believes they already paid—which is why lien releases and compliance details matter.

Bottom line: the earlier you get counsel, the more likely you are to preserve options (and avoid unforced errors).

Recent Florida construction-law changes that matter (what to watch now)

Here are a few changes and recurring hot spots that are actively affecting disputes:

  • Public-project change orders: For certain local government construction contracts entered into on/after July 1, 2025, Florida law created a deadline requiring the governmental entity to approve/deny a compliant change order quote within 35 days (with written notice).

  • Construction lien / waiver compliance: Florida has continued to tighten lien and waiver requirements through recent legislation (including stricter statutory-form requirements in the lien/waiver space).

  • Defect-claim timing is less forgiving than people assume: Florida’s defect framework and related deadlines can be outcome-determinative—especially once lawyers get involved on both sides. (If you think “I’ll deal with it later,” that’s often when leverage disappears.)

  • Builder warranty requirements starting in 2025 (certain contexts): Florida enacted new warranty-related requirements that took effect July 1, 2025 under changes tied to the Building Code statutes.

(This is general information, not legal advice. The right analysis depends on the contract, project type, dates, and the parties involved.)

What you should do first (owners and contractors)

If you’re a property owner dealing with defects

  1. Photograph/video everything (and keep dated notes).

  2. Do not “fix and forget” without preserving evidence.

  3. Get advice before you send a demand or defect notice—the pre-suit process can be technical.

If you’re a contractor/subcontractor trying to get paid

  1. Gather the contract, change orders, invoices, and proof of performance.

  2. Be careful with waivers/releases (what you sign can control what you can recover).

  3. Consider whether the agreement requires arbitration and what that means for timing/strategy.

How we help

Construction disputes usually resolve in one of three ways—and we plan for all three from day one:

  1. Fast resolution (demand letter, negotiation, structured settlement terms)

  2. Formal dispute resolution (mediation/arbitration when required or beneficial)

  3. Litigation-ready posture (when the other side won’t be reasonable)

You’ll get clear communication and a plan built around your end goal—whether that’s payment, repair, a clean release, or defending against a claim.

Talk to a Florida construction-law attorney

If you’re facing a construction defect, lien issue, or contractor dispute, don’t guess. Get answers.

First consultation free. Call (833) 918-1877 or use our contact form.

Offices: Orlando • Tampa • Fort Myers