Florida's Construction Lien Law and the Notice of Commencement (Chapter 713)
- Endless Life Design
- 3 hours ago
- 3 min read
Before the first inspection on most projects, one recorded document sets the legal foundation for who gets paid and how an owner avoids paying twice: the Notice of Commencement. Florida's Construction Lien Law turns on it, and a missing or expired notice creates real exposure. Endless Life Design handles the lien-law paperwork as part of running a clean project.
TABLE OF CONTENTS
What the Construction Lien Law Does
The Notice of Commencement (s. 713.13)
Recording, Posting, and the 2025 Threshold
Notices to Owner and the Pay-Twice Warning
Claims of Lien and Deadlines
Releases, Affidavits, and Closeout
County and Municipality Inspection Comments for Permit Approval
Related Resources
Why Choose Endless Life Design
WHAT THE CONSTRUCTION LIEN LAW DOES
Chapter 713, Florida Statutes, gives contractors, subcontractors, laborers, and material suppliers who improve real property the right to record a lien against that property if they are not paid. The system is designed to secure payment for those who furnish labor and materials while giving owners a defined way to protect themselves from paying twice for the same work.
THE NOTICE OF COMMENCEMENT (S. 713.13)
Under Section 713.13, F.S., the owner or the owner's authorized agent records a Notice of Commencement before beginning an improvement to private real property that exceeds $2,500 in value. It identifies the property, the owner, the contractor, any lender or surety, and a person designated to receive notices, and it establishes the project's official start date that lien deadlines run from.
RECORDING, POSTING, AND THE 2025 THRESHOLD
The notice is recorded in the public records of the county where the property is located, and a certified copy is posted at the job site before work begins. Two thresholds matter:
The lien-law improvement threshold for recording a Notice of Commencement remains more than $2,500 in value.
Effective July 1, 2025, the contract amount at which the building department requires the notice to be filed before the first inspection rose from $2,500 to $5,000.
Air-conditioning repair or replacement under $15,000 is exempt under Section 713.02(5), F.S.
A Notice of Commencement expires one year after recording unless a later date is stated, and payments made after expiration are treated as improper.
NOTICES TO OWNER AND THE PAY-TWICE WARNING
Subcontractors and suppliers who are not in direct contract with the owner must serve a Notice to Owner before, or within 45 days of, first furnishing labor or materials, under Section 713.06, F.S. The law's central warning is blunt: a lien can attach even if the owner has already paid the contractor in full, which is why owners should collect written lien releases with every payment.
CLAIMS OF LIEN AND DEADLINES
A lienor must record a claim of lien within 90 days after the last furnishing of labor or materials to the project. An action to enforce that lien must then be filed within one year of recording the claim, a period the owner can shorten by recorded notice. Missing either deadline generally defeats the lien.
RELEASES, AFFIDAVITS, AND CLOSEOUT
Progress payments are exchanged for partial releases of lien, and final payment for final releases. Before a contractor can enforce its own lien or demand final payment, it must furnish the owner a final contractor's affidavit stating that all lienors have been paid or listing any who have not. Clean releases and a complete affidavit are part of a proper closeout.
COUNTY AND MUNICIPALITY INSPECTION COMMENTS FOR PERMIT APPROVAL
Common comments include:
Notice of Commencement not recorded or posted before the first inspection where required.
Notice of Commencement expired before the work was completed.
Final contractor's affidavit missing at closeout.
Designated-owner and lender information incomplete on the notice.
No system in place to collect lien releases against payments.
RELATED RESOURCES
WHY CHOOSE ENDLESS LIFE DESIGN
Endless Life Design is a licensed Florida general contractor serving Miami-Dade, Broward, and Palm Beach counties across construction, engineering, architecture, interior design, and 3D rendering. We manage the contracts, code compliance, and approvals behind every project as one accountable process, so the legal and regulatory groundwork is handled correctly from the first day to the certificate of occupancy.
Endless Life Design — Licensed Florida General Contractor. Visit endlesslifedesign.com, call (305) 680-3283, or email endlesslifedesign@endlesslifedesign.com.
Comments