Getting paid on a construction project in Florida isn’t always straightforward. Whether you're a contractor, subcontractor, supplier, or even a property owner, understanding your rights when it comes to payment can make a big difference.
Most projects start with a contract that outlines the basics—who is responsible for what, how much will be paid, and when. But even with a solid contract in place, things don’t always go as planned. Delays happen, payments can fall behind, and sometimes the party responsible for paying simply doesn’t follow through.
A Florida mechanics lien offers an added layer of protection. For those who do not have a direct contract with the property owner, it creates a legal claim on the property itself. This gives subcontractors and suppliers another way to seek payment beyond relying only on their contracts.
However, using lien rights effectively depends on following specific rules. One key step is sending a Notice to Owner (NTO). Without this notice, many construction professionals lose the right to file a lien, even if they were never paid.
In this article, we’ll walk through the differences between contract rights and lien rights in Florida, how each one works, and why understanding both is important for anyone working on a construction project.
A contract forms the foundation of any business relationship. In construction, a written agreement lays out the scope of work, payment terms, project timeline, and how disputes will be handled. A well-drafted contract brings clarity to the project and provides the legal framework if anything goes wrong.
If a party fails to meet its obligations, the contract gives the other side the ability to pursue a breach of contract claim. But this claim is personal—it’s only against the party that signed the agreement with you.
That can be a limitation, especially for subcontractors and suppliers. If you’re working under a general contractor and that contractor fails to pay you, your contract may not give you a way to go after the property owner. And if the general contractor goes out of business or disappears, even a favorable court judgment may be difficult to enforce.
Florida’s mechanics lien laws give construction professionals an alternative form of protection. A mechanics lien (also known as a construction lien) allows a contractor, subcontractor, or supplier to file a claim directly against the property where the work was done or materials were delivered.
This type of claim isn’t based on personal agreement. Instead, it gives you a legal interest in the property itself, which can prevent the property from being sold or refinanced until the lien is resolved. If necessary, a lienor can even file a foreclosure action to force the sale of the property in order to get paid.
This is especially helpful when there is no direct contract with the owner. For example, a subcontractor who was hired by a general contractor can use a mechanics lien to secure payment, even if the property owner paid the general contractor in full.
For property owners, this also means they could face double payment if their general contractor fails to properly pay everyone down the line.
Mechanics lien rights in Florida don’t apply automatically. If you are not in direct contract with the property owner, the first step to protecting your lien rights is sending a Notice to Owner Florida.
This notice lets the property owner know that you are providing labor, materials, or services to the project, and that you have the right to file a lien if you are not paid.
The NTO must be received by the property owner and other parties listed on the Notice of Commencement within 45 days of your first day on the job. This timeline is strict, and missing the deadline typically results in losing all lien rights.
For owners, receiving an NTO is not a bad thing. It simply allows them to keep track of who is working on their property. It also gives them an opportunity to request lien waivers before making payments to the general contractor, which helps avoid potential disputes later.
Which is More Protective?
Both contract rights and lien rights serve important purposes, but they offer different levels of protection depending on the situation.
Based on a written agreement
Gives you a legal claim against the party who hired you
Can lead to a judgment in court, but collecting that judgment may be difficult if the other party is unable or unwilling to pay
Based on Florida statutes, not the contract
Gives you a legal claim against the property itself
Secures payment by making it harder for the owner to sell or refinance the property until the lien is satisfied
For subcontractors and suppliers, lien rights generally offer more protection, especially when working under a general contractor with no direct contract with the owner.
For property owners, understanding lien laws is equally important. Contracts should be written carefully to include lien waiver requirements and ensure everyone on the job gets paid properly.
While a solid contract lays the foundation for any construction project, in Florida, it is the mechanics lien enabled by serving a timely Notice to Owner (NTO) that provides the strongest protection when payment problems arise.
If you are a subcontractor or supplier, following Florida’s lien procedures gives you a powerful way to secure your right to payment. And if you are a property owner, knowing how lien laws work helps you manage risk, avoid duplicate payments, and keep your project on track.
A contract right gives you a claim against the party you have a written agreement with. A lien right gives you a claim against the property itself. Lien rights are created by statute and offer stronger leverage for securing payment.
Yes. If you don’t have a direct contract with the property owner, you must send an NTO to preserve your lien rights. A contract with the general contractor is not enough.
The NTO must be received within 45 days of your first day furnishing labor, materials, or services to the job site. It’s best not to wait. Missing the deadline means you lose your lien rights.
Receiving an NTO is a normal part of the construction process. You should keep a record of who sent it and make sure to collect lien waivers before making payments to your contractor. This helps ensure that everyone down the line is paid and no liens are filed.
A Florida mechanics lien is typically more protective. While a contract gives you legal standing, a lien gives you a claim on the property, which is often more effective for getting paid—especially if the contractor who hired you fails to follow through.
Owners can’t fully prevent lien rights, but they can reduce risk by requiring lien waivers, managing payments carefully, and keeping track of all subcontractors and suppliers on the job.
If you were required to serve a NTO but did not do so, your lien will likely be invalid. Florida courts take the NTO deadline seriously, so always make sure to serve it properly and on time.
