Legal Insights: Can a Contractor in Florida Legally File a Lien Without a Contract?

As a contractor in Florida, getting paid for your hard work is not just a matter of fairness—it’s your legal right. However, many contractors find themselves in tricky situations where clients or property owners delay payments or, worse, refuse to pay altogether. In such cases, filing a construction lien can be an effective way to secure the payment you’re owed. 

But what happens if you didn’t have a written contract? Does that mean you lose the ability to file a lien and protect yourself? This is a common concern among contractors, and we’re here to help clarify Florida’s lien laws and show you how to protect your legal rights—even without a written contract. 

What Is a Construction Lien? 

A construction lien, also called a mechanic’s lien in Florida, is a legal tool that allows contractors, subcontractors, and suppliers to secure payment for work performed or materials provided to improve a property. By filing a lien, you essentially claim an interest in the property you worked on, which can make it difficult for the property owner to sell or refinance until your payment is resolved. 

Mechanic’s liens are powerful tools, but they come with specific legal requirements. To file a valid lien, contractors must follow strict procedures outlined in Florida’s lien law, Chapter 713 of the Florida Statutes. 

Does Florida Require a Written Contract for a Mechanic’s Lien? 

The short answer is no. Florida law does not require a formal written contract to file a mechanic’s lien. However, that doesn’t mean you can file a lien without any form of agreement or documentation. Here’s what you need to know: 

• An Agreement Must Exist: While Florida lien law doesn’t require a written contract, there must still be some form of agreement between you and the property owner or the person who hired you. This agreement can be oral, written, or implied, but you need to prove that the work was authorized and that the property owner benefitted from your services. 

• Proof of Work and Payment Owed: Even without a written contract, you’ll need documentation that demonstrates the work you performed, the materials you provided, and the amount owed. This could include invoices, purchase orders, emails, text messages, or other correspondence. 

Deadlines for Filing a Mechanic’s Lien in Florida 

Filing a mechanic’s lien in Florida involves meeting specific deadlines, and missing them can jeopardize your ability to secure payment. Here are the most important timelines to keep in mind: 

1. Notice to Owner (NTO): If you don’t have a direct contract with the property owner (for example, if you’re a subcontractor), you’re required to serve a Notice to Owner within 45 days of starting work or providing materials. This notifies the property owner of your intent to file a lien if payment isn’t made. 
2. Filing the Lien: You must file your mechanic’s lien within 90 days of the last day you provided labor, services, or materials to the property. 
3. Enforcing the Lien: Once your lien is filed, you have one year to file a lawsuit to enforce it. If no action is taken within this period, the lien will expire. 

Staying on top of these deadlines is critical, especially in cases where there’s no written contract, as missing a deadline could weaken your position in recovering payment. 

Challenges to Contractors Without Written Contracts 

While Florida law doesn’t require a written contract for a mechanic’s lien, not having one can create challenges, particularly when disputes arise. Without a formal agreement, it often becomes your word against the property owner’s, and proving the terms of your agreement can be more difficult. 

This is where proper documentation comes into play. In the absence of a written contract, maintaining detailed records of your work, communication, and payment terms can make all the difference. Photos of completed work, time-stamped emails, and clear invoices can help build a solid case if a dispute occurs. 

Protect Your Rights as a Contractor 

If you’re a contractor who hasn’t been paid for work performed, whether you had a written contract or not, there is a solution. Florida’s lien laws are designed to protect you, and our construction litigation attorneys can help you navigate the process to ensure your rights are upheld. 

For legal help with construction liens and unpaid construction work, contact one of our experienced construction litigation attorneys at 305-570-2208. You can also email our founding partner Eduardo Maura directly at eduardo@ayalalawpa.com.   

 We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.  

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].