{"id":8575,"date":"2026-11-07T08:33:14","date_gmt":"2026-11-07T08:33:14","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/business-litigation\/discharging-construction-lien-by-bond-florida\/"},"modified":"2026-11-11T01:28:54","modified_gmt":"2026-11-11T01:28:54","slug":"discharging-construction-lien-by-bond-florida","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/business-litigation\/discharging-construction-lien-by-bond-florida\/","title":{"rendered":"Bond to Discharge Construction Lien Florida | Ayala Law PA"},"content":{"rendered":"\n
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Construction Litigation | Tampa and Hillsborough County<\/p>

Bond to Discharge a Construction Lien in Florida<\/h1>

Ayala Law PA focuses on business and construction litigation for contractors, subcontractors, owners and property stakeholders in Tampa, Hillsborough County and the Tampa Bay area.<\/p>

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By Eduardo A. Maura \u00b7 Published November 7, 2026<\/p>\n\n

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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.<\/p>\n

This page is general information for owners, contractors, subcontractors, and lenders in Hillsborough County and the Tampa Bay area.<\/p>\n

What a Bond to Discharge a Construction Lien Is<\/h2>\n

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.<\/p>\n

Bonding changes what the claim attaches to. The debt question stays open, and the parties still have to resolve it.<\/p>\n

A bond is one tool in a lien dispute. It doesn’t end the dispute by itself.<\/p>\n\n

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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.<\/p>

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What Costs and Fees Can Follow a Lien Dispute<\/h2>\n

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<\/a>.<\/p>\n

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. \u00a7 57.105(7)<\/a>.<\/p>\n

Whether a settlement offer falls under \u00a7 45.061<\/a> depends on when the cause of action accrued. Fla. Stat. \u00a7 45.061<\/a> 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.”<\/p>\n

Bond premiums and recording charges vary by project and by bond company. Check the total cost of any bond before you commit to it.<\/p>\n

How a Lien Dispute Usually Moves, Step by Step<\/h2>\n

A lien dispute usually moves through document review, a deadline check, a settlement effort, and then court or arbitration if needed.<\/p>\n

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  1. Gather the papers.<\/strong> Collect the recorded lien, the contract, change orders, invoices, and payment records.<\/li>\n
  2. Build a timeline.<\/strong> Mark the permit, certificate, last work, and notice dates. Dates drive the deadlines below.<\/li>\n
  3. Weigh a bond.<\/strong> Compare the cost and timing of a bond against the sale or loan at stake.<\/li>\n
  4. Consider an offer.<\/strong> Under subsection (6), \u00a7 45.061<\/a> does not apply to causes of action that accrue after the effective date of this act.<\/li>\n
  5. Pick the forum.<\/strong> Some construction contracts call for arbitration. The American Arbitration Association<\/a> publishes construction arbitration and mediation resources. If the case goes to court, venue rules apply.<\/li>\n<\/ol>\n

    Bonding timing depends on the bond company and the recording steps, so start early.<\/p>\n

    Deadlines That Keep Running<\/h2>\n

    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:<\/p>\n