When a person who provided labor, services, or materials for work on your property records a lien against it, the filing can raise serious questions about your rights and options. You can challenge one in Florida, but the right steps depend on the facts. This guide explains what a lien is, which dates matter most, and how to protect your position while you decide what to do. Many owners look for ways to contest a construction lien in Florida in the middle of a project or sale they did not plan for. Business owners, commercial landlords, and property owners in Hillsborough County and the wider Tampa Bay area all face this situation.
A construction lien is a claim recorded against your property
Florida’s construction lien law, found in Chapter 713 of the Florida Statutes, governs these claims. Each claimant’s rights depend on its contract and on the work or materials it provided.
Many owners are surprised by a lien after they paid their general contractor in full. Before you respond, find out who filed it, what it claims, and when it was recorded. Those three facts shape every step that follows.
If a construction lien was recorded against property you own or manage, you don't have to work out the deadlines alone, so reach out to Ayala Law PA to talk through your facts. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Check the lien’s timing and paperwork before you respond
The first step is to write down the recording date, the last day work or materials were supplied, and every name on the lien. Florida measures many deadlines from a specific event. Under Florida law, a cause of action accrues when the last element of the claim occurs (Fla. Stat. § 95.031). Pull your job records so you can see those dates clearly.
Some deadlines are short. Florida allows one year to enforce certain equitable liens tied to improvement work (Fla. Stat. § 95.11). A one-year period also applies to many payment bond claims. Section 95.11 excludes an action to enforce a claim against a payment bond from its five-year written-instrument period, and that claim is governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), so check each claim’s details.
Next, read the lien itself. Confirm it names the correct property, owner, and claimant. Check that it includes the basic information a valid claim needs. Missing or wrong details can be a basis to challenge it. Keep copies of the lien, your contract, invoices, and payment records in one file.
A written contest tells the lienor you dispute the claim
State the grounds in plain facts. For example, say you already paid the amount claimed, the work was never done, or the lien describes the wrong property. Attach or cite the documents that prove each fact.
Keep a dated file with the recorded lien, your contest, the proof of service, and any reply. If the lienor responds, don’t assume the matter is over. Each reply may bring a new date to track.
After a contest, the lienor may need to sue, and timing matters
After you serve a contest, the lienor may need to file a lawsuit to enforce its claim. Do not assume the lienor will drop the claim on its own. Track the date of service and any deadline that follows it.
Florida also limits where an action can be brought. An action should be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located, although this rule does not apply to actions against nonresidents (Fla. Stat. § 47.011). For a Hillsborough County property, the property’s location is one of those options.
A pending case can slow a sale or refinance, so commercial owners often feel the effect quickly.
Other ways to challenge a lien involve the amount and the contract
Amount disputes are common. If you already paid part of the bill, or the lienor billed for work outside its contract, say so in writing and attach your records.
Some owners also ask whether a lien can be moved to a bond. That step can separate the claim from the property while the dispute is decided. Whether it makes sense turns on your contract and your records.
Fee exposure runs in both directions. Under Florida law, a court shall award a reasonable attorney’s fee, paid in equal amounts by the losing party and the losing party’s attorney, when either knew or should have known that a claim or defense was not supported by the material facts or would not be supported by existing law. There are exceptions. No award is made for a good faith argument to extend, modify, or reverse existing law with a reasonable expectation of success. No award is made against an attorney who acted in good faith on the client’s representations about the facts. A represented party is not sanctioned for a claim unsupported by existing law (Fla. Stat. § 57.105). If your contract has a provision allowing attorney’s fees to a party required to take action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails, but this applies only to contracts entered into on or after October 1, 1988 (Fla. Stat. § 57.105(7)). If your contract calls for arbitration, the American Arbitration Association’s construction industry page describes its arbitration and mediation options for construction disputes.
Common mistakes owners make with a recorded lien
The most common mistakes are ignoring the lien, trusting verbal promises, and missing a date. Owners sometimes wait in hopes the lien goes away on its own. Others accept a contractor’s word instead of a signed document.
- Ignoring a recorded lien and hoping it resolves without action.
- Relying on verbal assurances instead of documents in the file.
- Waiting too long to calendar the one-year periods and other deadlines.
- Overlooking how a lien can affect a sale, refinance, or lease.
If the lien ties to a public project, a payment bond claim on a public project may be a separate issue. Tenants and landlords should also review a commercial lease CAM charges dispute if the lien touches a lease.
Where is a lien enforcement lawsuit filed?
Venue may also be proper in the county where the property in litigation is located.
Does paying the general contractor end a lien?
Not always. Subcontractors and suppliers who are not paid on a construction project often have questions about their options, and the outcome of any payment dispute depends on the specific contract and facts.
How long do I have to act?
Florida sets different periods for different claims. One year applies to certain claims, so calendar your dates early (Fla. Stat. § 95.11).
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Talk with Ayala Law PA about a lien on your property
A recorded lien often arrives during a project, sale, or lease you did not plan for. Some deadlines may already be running. Eduardo A. Maura is the responsible lawyer for this page. Ayala Law PA is based in Tampa at 1646 W Snow Ave, and the firm represents businesses in Tampa, Hillsborough County, and the wider Tampa Bay area. Ayala Law PA does not offer a free consultation. To talk through your lien, its timing, and your contest options, call (305) 570-2208 or request a case evaluation.
