A construction lien lawyer in Hillsborough County handles disputes over money owed on a construction job. When a contractor, subcontractor or supplier isn’t paid, the claim can reach the property itself. Construction lien questions in Florida often turn on the specific facts of each project and the paperwork involved. Ayala Law PA focuses on construction litigation, including lien foreclosure and payment disputes, for businesses in Hillsborough County and the Tampa Bay area. This page explains how these disputes work, which deadlines matter early, and what to gather before you reach out.
What a Construction Lien and Payment Dispute Is
A construction lien is a claim against a property for unpaid work or materials. A payment dispute is the disagreement over money owed under a contract. The two often show up together, but they are not the same thing.
A lien works against private property. A lien is not a lawsuit for money.
Public projects work differently. Under Chapter 255, claims on public work generally run against a payment bond rather than the public property.
This page is for:
- General contractors who have not been paid
- Subcontractors and material suppliers with open invoices
- Property owners who received a lien or a payment demand
Lien rights are technical. Your project’s dates, notices and contract terms decide which options exist.
If a contractor has stopped paying you or a lien notice has reached your property, you don't have to sort out the deadlines alone. Call (305) 570-2208 or book a case evaluation with our team. 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 Our Construction Litigation Work Covers in Hillsborough County
We handle lien foreclosure suits, contractor payment disputes, payment bond claims and construction contract fraud claims in Florida courts and arbitration.
- Lien foreclosure lawsuits to enforce a recorded claim of lien
- Defense against a lien you believe is invalid, overstated or filed late
- Payment disputes over unpaid progress billings, retainage and disputed change orders
- Payment bond claims on public projects
- Contract fraud claims. A promise to pay made with no plan to keep it can count as fraud, as a Florida appellate decision explains.
- Lien release and bond options that can clear a property while the dispute continues
- Arbitration of payment disputes when the contract requires it
Where you file matters. Florida law generally requires suit in the county where the defendant resides, where the claim arose, or where the property is located, under Fla. Stat. § 47.011, for actions against Florida residents; the statute does not apply to actions against nonresidents. For many Hillsborough County projects, the property’s location is a central question.
Florida Deadlines to Understand Early
Construction deadlines in Florida are short, so timing is the first thing we check.
They are strict. A missed notice or a late recording can affect whether a lien holds.
Suit deadlines come from Florida’s limitations statute. For claims over the design or construction of an improvement to real property, the clock starts on the earliest of a certificate of occupancy, a certificate of completion, or abandonment of the work. For actions founded on the design, planning, or construction of an improvement to real property, suit must be commenced within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest.
For a payment bond claim, the clock generally runs from the last time labor, services or materials were furnished.
Waiting can shrink your options. Early review keeps every path open.
How Our Construction Payment Dispute Process Works
We start with the paperwork and deadlines, then choose protective steps and the right forum.
- Intake and document review. We review the contract, invoices, change orders, notices and any recorded lien.
- Deadline and lien check. We check Chapter 713 timing and, where relevant, Chapter 255 bond rules.
- Demand and negotiation. A written demand or a proposal to resolve the claim often comes first.
- Protective steps. These can include a lien release or a bond option that removes the lien from the property.
- Filing. Options include a lien foreclosure, a breach of contract or fraud action in Florida courts, or arbitration.
- Litigation or arbitration. The case moves through discovery, motions and a hearing. Settlement talks can happen at each stage.
If the contract selects the American Arbitration Association, its construction rules cover filing, arbitrator selection, hearings, awards and fees. Florida’s mediation statute, Fla. Stat. § 44.102, provides that when one party asks, a court must send a filed civil action for monetary damages to mediation if the requesting party is willing and able to pay the mediation costs or those costs can be equitably divided between the parties. Under Fla. Stat. § 44.102(2)(a), a court must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless an exception applies; among the exceptions are an action filed for the purpose of collecting a debt and an action in which the parties have agreed to binding arbitration.
Timelines vary by case.
What to Gather Before You Speak With a Construction Lien Lawyer
Gather your paper trail first. Your records show what was agreed, what was done and what was paid.
- The signed contract, purchase orders, scope of work and any amendments
- Invoices, pay applications and proof of delivery for materials
- Change orders, approvals and written messages about payment or disputed work
- Any notice to owner, claim of lien, release or bond document, with dates
- A payment history showing what was paid and what is still open
- The property address, owner, general contractor, and any lender or bonding company involved
A simple timeline of key dates is a useful starting point.
Why Businesses Work With Ayala Law PA on Construction Payment Disputes
Ayala Law PA focuses on business litigation, including construction litigation, commercial and contract disputes, shareholder and partnership disputes, real estate litigation and international trade litigation.
- Eduardo A. Maura is the responsible lawyer for this page.
- Our support staff help organize documents, track deadlines and keep clients informed.
- Our only office is in Tampa, at 1646 W Snow Ave, and we represent businesses in Tampa and Hillsborough County. We represent businesses in Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area.
Contract terms often decide payment fights:
- Oral promises. Florida courts have held that promissory estoppel cannot enforce an oral agreement that the Statute of Frauds requires in a signed writing, as the court explained in DK Arena v. EB Acquisitions.
- Express contracts. When a written contract covers the same subject, a claim for unjust enrichment generally will not succeed, per Williams v. Johnson.
No outcome is promised. Each project turns on its own contract, records and dates.
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.
Common Questions About Construction Liens and Payment Disputes
Here are short answers to common questions about liens and payment disputes.
What should a contractor or subcontractor know about payment disputes on a construction project?
Whether a construction lien holds often turns on the facts of each project.
Is a lien the same as a lawsuit for money?
No. A lien attaches to the property. A lien foreclosure enforces that claim in court, and a breach of contract claim may be separate.
Can I still face a lien after paying my contractor?
Yes. Property owners may want to consider how a payment dispute with a contractor could affect their property.
Can a construction payment dispute go to arbitration?
Yes, when the contract calls for it. Florida law generally enforces written arbitration agreements.
Is mediation required before trial?
Not always. On a party’s request, a court must refer any filed civil action for money damages to mediation, provided the requesting party is willing and able to pay the mediation costs or those costs can be equitably divided between the parties, unless an exception applies.
What does a case evaluation cost?
Fees and costs, including filing and recording costs, are explained in writing before work begins.
If a contractor has stopped paying you, or a lien notice has reached your property, you don’t have to sort out the deadlines alone. Call (305) 570-2208 or book a case evaluation to talk through your timeline and documents.
