A bond to discharge construction lien Florida owners often ask about is a surety bond posted in place of a recorded lien. Once the bond is in place, the lien dispute moves to the bond, and the property is no longer the thing the claim is tied to. Below you’ll find what a bond does, the deadlines that keep running, and how these disputes usually move.
This page is general information for owners, contractors, subcontractors, and lenders in Hillsborough County and the Tampa Bay area.
What a Bond to Discharge a Construction Lien Is
A bond to discharge a construction lien is a surety bond that takes the place of the property as the thing the claim is tied to. Owners, contractors, and lenders often look at one when a lien threatens a sale, refinance, or closing.
Bonding changes what the claim attaches to. The debt question stays open, and the parties still have to resolve it.
A bond is one tool in a lien dispute. It doesn’t end the dispute by itself.
If a recorded lien has a sale, refinance, or closing on hold, you don't have to work out the deadlines alone, and we're glad to talk it through. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What Costs and Fees Can Follow a Lien Dispute
Each side usually pays its own attorney’s fees in Florida, unless a contract or statute says otherwise. The Florida Supreme Court described this rule in Price v. Tyler.
Contract fee clauses matter. If a contract allows fees to a party who must enforce it, the court may allow reasonable fees to the other side when that side wins, as plaintiff or defendant. See Fla. Stat. § 57.105(7).
Whether a settlement offer falls under § 45.061 depends on when the cause of action accrued. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.”
Bond premiums and recording charges vary by project and by bond company. Check the total cost of any bond before you commit to it.
How a Lien Dispute Usually Moves, Step by Step
A lien dispute usually moves through document review, a deadline check, a settlement effort, and then court or arbitration if needed.
- Gather the papers. Collect the recorded lien, the contract, change orders, invoices, and payment records.
- Build a timeline. Mark the permit, certificate, last work, and notice dates. Dates drive the deadlines below.
- Weigh a bond. Compare the cost and timing of a bond against the sale or loan at stake.
- Consider an offer. Under subsection (6), § 45.061 does not apply to causes of action that accrue after the effective date of this act.
- Pick the forum. Some construction contracts call for arbitration. The American Arbitration Association publishes construction arbitration and mediation resources. If the case goes to court, venue rules apply.
Bonding timing depends on the bond company and the recording steps, so start early.
Deadlines That Keep Running
Florida’s filing deadlines run on their own schedule. Under Florida law, an action founded on the design, planning, or construction of an improvement to real property generally must be commenced within four years. The period generally runs from the earliest of the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date construction is abandoned if it is not completed. Exceptions apply, including for latent defects and an outer limit of seven years. The time runs from the earliest of the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date construction is abandoned if it is not completed. For latent defects, the period runs from when the defect is discovered or should have been discovered with due diligence, and the action must in any event be commenced within seven years of that certificate or abandonment date. The clock starts at the earliest of:
- a temporary certificate of occupancy,
- a certificate of occupancy,
- a certificate of completion, or
- the date construction was abandoned, if it was never finished.
In any event, the action must start within seven years of that earliest date.
For a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence, and in any event the action must be commenced within 7 years after the certificate or abandonment date, whichever is earliest. Repairing completed work doesn’t extend the period for work within a permit and certificate.
Counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading can be filed up to one year after that pleading is served, even if they would otherwise be time barred.
Start Dates Decide When the Clock Starts
Under Fla. Stat. § 45.061, which by its own terms does not apply to causes of action that accrue after the effective date of the act, any party may serve upon an adverse party a written offer at any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (or 45 days if it is a counteroffer) before trial. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” The accrual date is not the date the work felt finished to the owner.
Keep permits, certificates, invoices, and notices in one timeline. Those documents show which dates may control your claim.
When the Lien Is Disputed: Defenses, Contract Terms, and Venue
A disputed lien often turns on the contract terms, so those terms matter as much as the lien paperwork.
- Express contracts. When a written contract covers the same subject, claims from that relationship generally can’t support unjust enrichment. See Williams v. Johnson.
- Unfair terms. A court refusing to enforce a term as unconscionable looks at both how the deal was made and how unfair the term is. Basulto v. Hialeah Automotive weighs both together.
- Illegal contracts. A contract that violates the constitution or a statute is void and won’t be enforced in Florida courts. See Taboada v. Duarte.
- Under Fla. Stat. § 47.011, a suit is brought only in the county where the defendant resides, where the cause accrued, or where the property is located; this section does not apply to actions against nonresidents. Under Fla. Stat. § 47.051, actions against a domestic corporation must be brought in the county where it has or usually keeps an office for its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against a foreign corporation doing business in Florida must be brought in a county where it has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.
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.
Why Ayala Law PA for Construction Lien Matters
Ayala Law PA focuses its practice on business and commercial disputes, including construction litigation. That work covers contractor and subcontractor disputes, lien foreclosure, and construction contract fraud in Florida courts and arbitration.
Eduardo A. Maura is the responsible lawyer for this page. Our team helps organize the documents, dates, and filing details that construction matters require.
The firm’s only office is at 1646 W Snow Ave, Tampa, FL. The firm represents businesses in Hillsborough County and the Tampa Bay area. The firm also handles real estate litigation and shareholder and partnership disputes.
Each lien turns on its own documents and facts, so no outcome can be promised here.
Frequently Asked Questions
Does posting a bond mean I no longer owe the contractor or supplier?
No. A bond changes what the claim attaches to.
How long do I have to sue over construction work in Florida?
Florida law generally sets a four-year period for construction actions under s. 95.11(3)(b), subject to conditions and exceptions that depend on the facts of each case. A seven-year outer limit also applies under Fla. Stat. § 95.11.
Where can a lien lawsuit be filed?
See Fla. Stat. § 47.011, which requires that actions be brought only in the county where the defendant resides, where the cause of action accrued, or where the property is located, and does not apply to actions against nonresidents.
How much will this cost?
Fees are discussed when you contact the office.
Next Step: Talk Through Your Recorded Lien
If a bond to discharge construction lien Florida question has come up on a project you didn’t choose, you don’t have to sort out the deadlines alone. A recorded lien can stall a sale, refinance, or closing while the clock keeps moving.
Call Ayala Law PA at (305) 570-2208 or request a case evaluation. Bring the lien, the contract, and the project dates, and we’ll review your options with you.
