Florida Lien Law
16% of this examFlorida's Construction Lien Law (FS 713) gives everyone who improves real property a path to payment security — if they hit every deadline. The official outline doesn't give lien law its own area (it runs through several), but it's among the most lookup-friendly topics on the exam: nearly every question turns on a deadline or a document name.
Core concepts
The document chain follows the project
Owner records a Notice of Commencement before work starts. Lienors without a direct owner contract serve a Notice to Owner within 45 days of first furnishing. Anyone unpaid records a Claim of Lien within 90 days of final furnishing, serves it on the owner within 15 days, and must sue within 1 year.
The owner has defenses
An owner who follows the 'proper payments' procedure (getting releases and the contractor's final payment affidavit before paying) cannot be forced to pay twice. A missed NTO or late claim of lien is a complete or partial defense.
Bonds replace liens
When a payment bond under 713.23 covers the project, the property is exempt from most liens — subs and suppliers claim against the bond instead.
Waivers are forms, not promises
FS 713.20 supplies two statutory forms: a waiver and release upon progress payment (covers work through a stated date, not retention or later work) and one upon final payment. Lien rights can't be waived in advance, and a waiver given for a check can be conditioned on that check clearing.
Key facts to know cold
See it drawn out
- StartNotice of Commencement
Recorded by the owner before work begins; expires in 1 year unless a longer period is stated.
- Day 0First furnishing
The lienor's first day of labor or materials on the job.
- +45 daysNotice to Owner served
Within 45 days of FIRST furnishing, for lienors not in privity with the owner. Missing it is a complete defense.
- Final dayFinal furnishing
The lienor's last day of labor, services, or materials.
- +90 daysClaim of lien recorded
Within 90 days of FINAL furnishing — and a copy served on the owner within 15 days of recording.
- +1 yearSuit to enforce
Within 1 year of recording — shortened to 60 days if the owner serves a Notice of Contest of Lien.
- Day 0Claim of lien recorded
Enforceable for 1 year by default.
- Owner actsNotice of Contest of Lien served
A low-cost tool that forces the lienor's hand.
- +60 daysSuit deadline
Sue within 60 days of service or the lien is extinguished.
Where it lives in your books
The real exam is open book. Knowing which book and which tab answer this domain is worth as much as memorizing it.
Lien Law (FS 713)
Lien questions are deadline questions. Tab the deadline sections and answer from the statute, not from memory — one wrong number is the difference between a right and wrong answer.
9 recommended tabs
Contractor's Manual
This is your home base on exam day. Learn its table of contents — most candidates lose time flipping because they never learned which chapter holds which statute.
8 recommended tabs
Lookup strategy
- · Every deadline lives in four sections: 713.06 (NTO), 713.08 (claim), 713.13 (NOC), 713.21–.22 (duration). Tab all four.
- · If the question asks 'who must serve' rather than 'when', start at the definitions in 713.01 — privity decides the answer.
Reading isn't learning. Retrieval is.
46 questions in this domain, each with an explanation and source.