A Florida contractor not paid for completed work is not without options. State law gives contractors, subcontractors, and suppliers two separate and overlapping sets of rights: lien rights under Florida’s Construction Lien Law and contract-based rights to sue for the money owed.
Both come with strict deadlines.
Missing a lien deadline by even one day can permanently eliminate a contractor’s right to record a lien, even when the money is clearly owed and the work was done correctly. Understanding how these two tracks work, and how they work together, is the first step to protecting payment.
Two Separate Ways Florida Law Protects a Contractor Not Paid
When a contractor is not paid, two different legal paths are usually available at the same time.
The first is a construction lien under Chapter 713, Florida Statutes. A lien attaches to the property itself and can prevent the owner from selling or refinancing until it is resolved. The second is a contract claim, a lawsuit for breach of contract, open account, or unjust enrichment, which does not depend on the property at all and can be pursued directly against the party who owes the money.
A contractor does not have to choose only one path. In many cases, the lien and the contract claim are pursued together, and the lien adds leverage that a contract claim alone does not provide.
Protecting Your Lien Rights: Florida’s Strict Deadlines
Florida’s Construction Lien Law rewards contractors who move quickly and punishes those who wait. The deadlines run on calendar days, not business days, and Florida courts apply them strictly.
- Notice to Owner, 45 days. If you do not have a direct contract with the property owner, such as a subcontractor or supplier, you generally must send a Notice to Owner within 45 days of first providing labor, delivering materials, or furnishing services. Missing this deadline usually means losing lien rights entirely.
- Claim of Lien, 90 days. A Claim of Lien must be recorded within 90 days of your last day of work, including punch list work. Warranty service does not count, and returning to the job site solely to extend the deadline does not reset the clock.
- Notice of Contest of Lien, 60 days to sue. If the property owner files a Notice of Contest of Lien, you have only 60 days to file a lawsuit to enforce the lien, or the lien is automatically extinguished.
- Lien expiration, 1 year. If the owner does not file a Notice of Contest, you generally have one year from the date the lien was recorded to file a lien foreclosure lawsuit.
- Sworn statement of account, 20 days to respond. If the owner serves a request for a sworn statement of account, you must respond within 20 days or risk losing part or all of the lien.
Missing any one of these deadlines can mean losing lien rights entirely, regardless of how clearly the money is owed.
Common Mistakes That Cost Contractors Their Lien Rights
A Florida contractor can lose lien rights even when the underlying claim for payment is valid. The most common mistakes include:
- Waiting too long after payment problems start to send a Notice to Owner;
- Miscalculating the last day of work, since punch list work counts but warranty service does not;
- Recording a Claim of Lien with the wrong legal description, address, or county;
- Failing to keep proof that the Notice to Owner was properly sent and received;
- Ignoring a Notice of Contest of Lien or a request for a sworn statement of account, both of which change deadlines immediately;
- Assuming a written contract is required to have lien rights.
Protecting Your Contract Rights as a Florida Contractor Not Paid
Lien rights are not the only protection available. Separate from any lien, a contractor who is not paid can bring a breach of contract claim against the party who owes the money.
A written contract is not required to have lien rights under Florida law, and a contractor without a signed agreement may still be able to recover payment through a breach of contract claim, a claim on an open account, or a claim for unjust enrichment for the value of the work performed.
A contract-based claim does not depend on the property, which means it can reach an owner or general contractor who has already sold the property, refinanced it, or otherwise made a lien less effective. It can also reach a general contractor who received payment from the owner but failed to pass that payment on to a subcontractor.
Why a Demand Letter Helps a Florida Contractor Not Paid
For a Florida contractor not paid after finishing a project, a formal demand letter is often the most practical first move, whether or not a lien has already been recorded.
A well-prepared demand letter can:
- Put the owner or general contractor on formal notice of the amount owed;
- Explain the legal basis for the claim;
- Preserve lien and contract remedies before deadlines run;
- Create an opportunity to resolve payment before a lawsuit is filed;
- Signal that the contractor is prepared to enforce its rights through a lien, a lawsuit, or both.
For many contractors, a well-documented demand letter resolves the dispute without the cost of litigation.
When Litigation May Be Necessary
If a demand letter does not resolve the dispute, the next step may be a lien foreclosure lawsuit, a breach of contract lawsuit, or both. Which claims make sense depends on the contract, the payment history, the lien deadlines already met, and the documentation available.
A contractor who has already recorded a Claim of Lien and receives a Notice of Contest has only 60 days to file suit to enforce the lien. That deadline runs regardless of ongoing settlement discussions, so it should be calendared the moment a Notice of Contest is received.
Evidence to Gather Before You Call a Lawyer
Before speaking with an attorney, gather as much documentation as possible, including:
- The contract or written proposal;
- Any Notice of Commencement for the project;
- Proof the Notice to Owner was sent and received;
- Invoices, pay applications, and records of any partial payments;
- Change orders and related correspondence;
- Daily logs, timesheets, or delivery records showing the last day of work;
- Emails and text messages about payment;
- Photos documenting the work completed.
The more complete the paper trail, the stronger the lien, the demand letter, or the lawsuit.
Speak With a Florida Construction Lien Attorney
If you are a Florida contractor not paid for completed work, you may have both lien rights and contract rights, but the lien deadlines do not wait for a dispute to get resolved on its own.
The Law Offices of Adam G. Hill represents contractors, subcontractors, and suppliers in Tampa, Orlando, and Fort Myers in construction lien, payment, and contract disputes.
Attorney Adam G. Hill works directly with clients. There are no case managers or hand-offs. The firm handles pre-suit demand letters on a flat-fee basis and evaluates litigation matters based on the amount in dispute, evidence, collectability, and legal claims.
To learn more, visit our Florida Lien Lawyer page or our Florida Contractor Dispute Attorney page, or contact the Law Offices of Adam G. Hill for a free case evaluation.
Toll Free: (833) 918-1877
Tampa: (813) 939-3099
Orlando: (407) 887-1929
Fort Myers: (239) 799-2288