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CONSTRUCTION CORPS | HOMEOWNER PROTECTION GUIDE

By Matt Thompson, Owner and General Contractor at Construction Corps. U.S. Army combat veteran. Licensed general contractor since 2007, first in California; Florida licensed since 2022 (CGC, FBPE, EC, CFC, MRSR, MRSA).

Last updated August 2026. Statutory citations reference Chapter 713, Part I, Florida Statutes, including the October 1, 2023 amendments from House Bill 331.

Key takeaways on Florida lien law for homeowners

- Florida law lets unpaid subcontractors and suppliers place a construction lien on your property even if you paid your contractor in full. The statute itself warns owners in capital letters that failure to make sure lienors are paid may result in a lien and paying twice.
- A Notice to Owner is not a lien and not an accusation. It is a statutory notice that a subcontractor or supplier who has no contract with you must serve within 45 days of first furnishing labor or materials to preserve lien rights (FL Statute 713.06). Receiving one on a real project is normal.
- Your defense is the paperwork chain: a recorded Notice of Commencement, a written release collected with every payment, and the contractor's final payment affidavit before the final check (FL Statutes 713.13, 713.20, 713.06).
- The deadlines run both ways. A lienor must record a claim of lien within 90 days of final furnishing (713.08) and generally must sue to foreclose within one year (713.22). Owners have tools that compress that year dramatically.
- The 2023 amendments (HB 331, effective October 1, 2023) updated several mechanics, including raising the threshold for filing a certified Notice of Commencement copy with the permitting authority from $2,500 to $5,000 (713.135).
- The practical protection is hiring a contractor whose draw process runs the release chain for you. At Construction Corps, releases and lien documentation are part of every payment cycle, not an afterthought.

The scariest mail a Florida homeowner gets during a renovation is usually not a bill. It is a certified envelope from a company they have never heard of, containing a document called a Notice to Owner, full of capitalized warnings about liens against their property. Most owners read it as a threat. It is not. It is a statutory formality that Florida law requires, and understanding it (along with the handful of other documents Chapter 713 creates) is the difference between an owner who is protected and an owner who can genuinely end up paying for the same work twice.

This article explains Florida's Construction Lien Law in homeowner terms: what a Notice to Owner actually is, why you can be liened even after paying your contractor in full, the paperwork chain that protects you, the deadlines that bind the other side, and what a well run contractor does so you never have to manage any of this yourself.

What Is a Notice to Owner in Florida?

A Notice to Owner (NTO) is a written statutory notice, prescribed by Florida Statute 713.06, that a subcontractor, sub-subcontractor, or material supplier who does not have a direct contract with the property owner must serve to preserve the right to lien the property if unpaid. It must be served before commencing or within 45 days of first furnishing labor, services, or materials, and in any event before the owner disburses final payment following the contractor's final payment affidavit. The NTO is not a lien, not a lawsuit, and not a claim that money is owed. It is the statute's way of telling you who is working on your property through your contractor, so you can make sure they get paid before your money runs out.

1. The Problem the Statute Creates: You Can Pay Twice

Florida's lien law contains a warning that the Legislature requires to be printed on the Notice to Owner form itself, in capital letters. The operative language:

FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

That is the statute talking, not a contractor. The mechanism: your contract is with the general contractor, but the people actually furnishing labor and materials include subcontractors and suppliers you never hired. If your contractor takes your payment and does not pay them, Chapter 713 lets those unpaid parties look to your property for the money. Paying your contractor is not, by itself, a defense. What protects you is making payments properly under the statute: honoring the notice system, collecting written releases with every payment, and requiring the contractor's sworn final payment affidavit before the last check. The same statutory warning tells you the cure in the same breath: obtain a written release every time you pay your contractor.

2. The Five Documents That Run a Florida Project

Document Statute What It Does for the Homeowner
Notice of Commencement (NOC) 713.13 Recorded by the owner (usually prepared by the contractor) before the improvement begins, and posted at the job site as a certified copy or notarized statement with a copy. It anchors the lien timeline and tells every potential lienor where to send notices. For direct contracts over $5,000, a certified copy must also be filed with the permitting authority before the first inspection (713.135, threshold raised from $2,500 effective October 1, 2023).
Notice to Owner (NTO) 713.06 Served on you by subs and suppliers within 45 days of first furnishing. Your to-do: keep every NTO in a file, and make sure each sender is released before your money runs out. An NTO is routine; a project with several NTOs is a normal project.
Releases and waivers 713.20 The receipt that extinguishes lien exposure for money paid. Statutory forms exist for progress payments and final payment. Collected with every draw, from the contractor and from everyone who served an NTO, they are your proof the money went where it was supposed to go.
Contractor's Final Payment Affidavit 713.06(3)(d) A sworn statement from your contractor, before final payment, listing anyone who remains unpaid. Final payment made without receiving this affidavit is not a proper payment under the statute. Never write the last check without it.
Claim of Lien 713.08 The document you are trying never to see: recorded in the county records within 90 days of the lienor's final furnishing. If one lands, the response is process, not panic; see Section 4.

One expiration trap worth knowing: the Notice of Commencement has a stated effective period, and the statute's own recording form warns, in capitals, that payments made by the owner after the notice of commencement expires are considered improper payments. On a project that runs long, the NOC gets extended before it lapses. Check the effective period stated on your recorded notice; a well run contractor tracks it for you.

3. The Deadlines That Bind the Other Side

  • 45 days from first furnishing: the Notice to Owner. A sub or supplier without a contract with you who misses this window generally has no lien rights on your project at all. The clock runs from first furnishing, not last: a supplier delivering for eight months got one 45 day window, at the start.
  • 90 days from final furnishing: the Claim of Lien. The lien must be recorded within 90 days of the lienor's final furnishing of labor or materials (713.08). Florida courts read final furnishing strictly: warranty visits, punch list corrections, and incidental return trips generally do not restart the clock.
  • One year to foreclose, unless you compress it. A recorded lien generally expires unless the lienor files a foreclosure action within one year (713.22). Owners hold two compression tools: recording a Notice of Contest of Lien shortens the lienor's window to sue to 60 days (713.22(2)), and a summons to show cause can require the lienor to act within 20 days or have the lien discharged (713.21(4)). A lien that is not backed by a real, provable debt rarely survives either one.

4. If a Claim of Lien Lands on Your Property

First, breathe. A recorded lien is a claim, not a judgment. It clouds title and it has to be dealt with, but the owner is not defenseless, and the calendar now runs against the lienor. The sequence that works:

  1. Pull the paper. Get the recorded lien, your payment records, your releases, and every NTO you received. Many recorded liens fail on their own paperwork: no timely NTO, recorded past 90 days, wrong legal description, inflated amounts.
  2. Involve your contractor and, where warranted, a construction attorney. If the lien traces to your contractor's unpaid sub, your contract and the statute put the resolution obligation where it belongs. Florida also penalizes willfully exaggerated liens.
  3. Use the owner's tools. The Notice of Contest of Lien and the show cause summons exist precisely so an owner is not held hostage for a year. Liens can also be transferred to a bond (713.24), moving the fight off your title entirely while it gets resolved.

5. What a Well-Run Contractor Does So You Never Manage This

Everything above is real, and almost none of it should ever be the homeowner's job. On Construction Corps projects the lien law paperwork is built into the payment system:

  • The Notice of Commencement is prepared and handled at permitting, recorded before work begins, posted as the statute requires, and tracked against its effective period on longer projects.
  • Releases move with every draw. Progress payments are exchanged for written releases through the payment chain, so the release file grows in step with the money, exactly the cure the statutory warning prescribes.
  • NTOs are logged, not feared. When a supplier serves a Notice to Owner on our client, it goes into the project file and gets matched to a release before final payment. Clients are told up front that NTOs will arrive and what they mean.
  • Final payment closes on the affidavit. The contractor's final payment affidavit and final releases are the closing documents of the job. The owner's last check and the sworn statement that everyone below has been paid travel together.
"When design, permitting, project management, and the payment chain run through a single design-build contractor, the lien paperwork has one owner, and it is not you."

This is one more place where one company's accountability earns its keep. Our guide to Florida Statute 489 covers the other half of contractor vetting: verifying the license behind the company handling all of this.

Planning a project and want the payment protections explained before you sign anything?

Call (727) 999-1855

6. Frequently Asked Questions

I received a Notice to Owner. Am I being sued or liened?

No. A Notice to Owner is not a lien, not a lawsuit, and not a claim that money is owed. It is a statutory notice, required by FL Statute 713.06, from a subcontractor or supplier telling you they are furnishing labor or materials to your project through your contractor and may have lien rights if unpaid. Keep it in your project file and make sure that the company appears in the releases collected before final payment.

Can a subcontractor really lien my house if I already paid my contractor in full?

Yes. The statute itself warns owners of exactly this, in capital letters, on the Notice to Owner form: unpaid subcontractors and suppliers can file liens against your property even if you have made payment in full. Payment to your contractor protects you only when it is made properly under the statute, meaning releases are collected with each payment and final payment follows the contractor's final payment affidavit.

What is a Notice of Commencement, and do I need one?

A Notice of Commencement is the document recorded in the county records before an improvement begins, and posted at the job site, under FL Statute 713.13. It anchors the project's lien timeline and directs where notices go. For direct contracts over $5,000, a certified copy must also be filed with the permitting authority before the first inspection (713.135; the threshold rose from $2,500 to $5,000 effective October 1, 2023). Your contractor typically prepares it; the recording obligation belongs to the owner, and payments made after it expires are improper under the statute's own warning.

How long does a subcontractor have to file a lien in Florida?

The Claim of Lien must be recorded within 90 days of the lienor's final furnishing of labor, services, or materials (FL Statute 713.08). Courts read final furnishing strictly: warranty work, punch list corrections, and incidental return trips generally do not restart the 90 days. And a sub or supplier without a direct contract with you must have served a timely Notice to Owner first, or the lien rights generally never existed.

How long does a construction lien last in Florida?

A recorded lien generally expires unless the lienor files a foreclosure lawsuit within one year (FL Statute 713.22). Owners can compress that: recording a Notice of Contest of Lien cuts the lienor's window to 60 days (713.22(2)), and a summons to show cause can require action within 20 days (713.21(4)). A lien can also be transferred to a bond under 713.24, clearing your title while the dispute is resolved.

What releases should I collect during my project?

A written release with every payment, from your contractor and from anyone who served a Notice to Owner, using the waiver and release framework in FL Statute 713.20 (progress payment releases during the job, final releases at the end). The statutory warning on the NTO says it directly: to avoid a lien and paying twice, obtain a written release every time you pay your contractor.

What is the contractor's final payment affidavit?

A sworn statement your contractor must give you before you make final payment, listing any unpaid subcontractors or suppliers (FL Statute 713.06(3)(d)). Final payment disbursed without it is not a proper payment under the statute. It is the single most skipped document on homeowner projects, and skipping it is how owners end up exposed after the job looks finished.

Does lien law apply to small repair jobs?

Chapter 713 exempts certain small improvements from the Notice of Commencement requirement, and the permit related filing mechanism applies to direct contracts over $5,000 (713.135, as amended effective October 1, 2023). As a practical rule: on any permitted project of real size, assume the full lien framework applies and run the release chain.

A lien was recorded on my property. What do I do first?

Pull the recorded lien and your project file (payments, releases, NTOs) and check the lien against the deadlines: was a timely Notice to Owner served, was the lien recorded within 90 days of final furnishing, is the amount real. Involve your contractor, and counsel where warranted. Then use the owner's tools: Notice of Contest of Lien (60 day window), summons to show cause (20 days), or a transfer bond to clear title. A lien without a provable debt behind it rarely survives the calendar pressure.

How does Construction Corps protect homeowners from lien problems?

By making the statute's cure automatic: the Notice of Commencement handled at permitting, written releases exchanged with every draw through the payment chain, Notices to Owner logged and matched to releases, and final payment closing only on the contractor's final payment affidavit and final releases. Construction Corps is a veteran owned design build general contractor in Clearwater serving Pinellas, Hillsborough, Pasco, and Sarasota counties, Florida licenses CGC1530192, FBPE39242, EC13013956, CFC1432954, MRSR5676, and MRSA5772. Call (727) 999-1855.

Hire the Paperwork, Not Just the Crew

Construction Corps is a veteran-owned design-build general contractor based in Clearwater, serving Pinellas, Hillsborough, Pasco, and Sarasota counties. Lien law compliance is built into our payment system: recorded Notice of Commencement, releases with every draw, logged NTOs, and a final payment affidavit closing every job. One company, one contract, and a release file that protects your title.

If you are planning a project and want the payment protections explained before you sign anything, bring us your questions.

Construction Corps, Inc.  |  2054 Weaver Park Drive, Clearwater, FL 33765
Phone: (727) 999-1855  |  Web: constructioncorps.com
Licenses: CGC1530192  |  FBPE39242  |  EC13013956  |  CFC1432954  |  MRSR5676  |  MRSA5772

About Construction Corps

Construction Corps, Inc. is a veteran-owned, full service design build general contractor headquartered at 2054 Weaver Park Drive, Clearwater, Florida 33765. Founded in 2022 and led by Matt Thompson, a U.S. Army combat veteran (Infantry, 11B) with more than 30 years of construction experience, first licensed as a general contractor in California in 2007 and licensed in Florida since 2022, Construction Corps serves residential and commercial clients across the Tampa Bay region, including Pinellas, Hillsborough, Pasco, and Sarasota counties. The firm is an SBA certified Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB). Construction Corps delivers design build as one company, as full projects or plans first, holding Florida licenses CGC1530192 (general contractor), FBPE39242 (Florida Board of Professional Engineers), EC13013956 (electrical contractor), CFC1432954 (plumbing contractor), MRSR5676 (mold remediation), and MRSA5772 (mold assessor). Phone (727) 999-1855.

Sources Cited

This article summarizes Florida's Construction Lien Law for educational purposes and is not legal advice. Chapter 713 deadlines and mechanics are technical and fact-specific; for a recorded lien or a payment dispute, consult a Florida construction attorney promptly.

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