Construction liens play a significant role in Florida’s property and construction landscape. While they are essential for protecting contractors, subcontractors, and suppliers, property owners also have legal defenses available when they believe a lien has been filed improperly. Many owners seek to learn more about these protections to navigate disputes effectively. Florida’s lien laws are detailed, and understanding the most common defenses helps both owners and industry professionals manage risks and prevent unnecessary litigation.
Improper Or Untimely Notice
The imposition of statutory notice requirements upon the contractor is one of the most frequently used defenses. It is necessary for most lienors in Florida (direct contractors excepted) to send a Notice to Owner (NTO) within a certain period, usually within 45 days from the first supply of labor or materials. Failure to properly send the notice or a late sending of it may result in the lien being regarded as invalid.
Because the statute is very tight, owners will most likely try to benefit from this defense: even a very small delay may lead to losing the right to claim a lien. Moreover, if the contractor or subcontractor neglects to submit a Final Contractor’s Affidavit before filing a lien foreclosure motion, this can be utilized as another powerful defense.
Failure To Comply With Filing Deadlines
Florida’s lien law is very demanding in terms of time limits. The lien should be recorded by the party within 90 days of the date of the last work or delivery of materials. A lienholder who has recorded a lien must bring a suit in court to enforce the lien within a year. The owner may shorten this period by serving a Notice of Contest of Lien.
Without the actual payment dispute being addressed, the owner is able to show that the filer missed the deadlines provided for in the statute, and thus, the lien can be removed. The argument here is a mere procedural one, albeit very often successful.
Incorrect Or Fraudulent Lien Amount
One of the most powerful arguments against a lien is when the lien amount is exaggerated. As per Florida law, owners can challenge the lien when it includes amounts that have not been paid or due, such as unapproved change orders, future costs, or inflated charges.
Innocent errors will not necessarily invalidate the lien; however, intention to inflate, most commonly called “fraudulent lien,” may lead the court to dismiss the whole claim, and thus, the filer may be liable for legal sanction. Typically, owners resort to this defense in case of billing disputes or when the documentation is not sufficient for the claimed amount.
Work Was Defective Or Not Performed
A claim has to be based on labor, services, or materials that have helped the property. The owner, upon showing the work was defective, incomplete, or totally unperformed, may assert that no valid lien right exists.
This defense normally relies on the paper trail of inspections, experts’ opinions, photos, and correspondence. Though it may not wipe out all payment obligations, it has the power to substantially reduce or defeat the lien claim.
Payment Already Made
The simplest yet one of the most powerful defenses is the evidence of payment. A property owner who has fulfilled the terms of the contract with the contractor can set up a case that the lien is invalid. The same thing applies to payments made for materials, labor, or subcontractor work.
Receipts, cancelled checks, bank statements, or signed lien waivers are the typical means by which owners back up their claim of this defense. Florida law is favorable to owners who make their payments correctly, in good faith, and, if they follow the statutory procedures, such as obtaining partial or final waivers.
Contractor Was Not Properly Licensed
Contractors in Florida, if their work is of the type that requires a license, must produce evidence of their proper, valid license at the time of the work. If a contractor was not licensed, either completely or just for the specific kind of work, in general, he/she does not have the right to file a lien.
Through public records, owners frequently check whether a contractor is licensed. This defense may entirely prevent the claimant from using the lien as leverage to get what he/she want, regardless of whether the work was of good quality or valuable.
Conclusion
Property owners in Florida have multiple defenses available when facing a construction lien, ranging from procedural challenges to substantive arguments about payment or performance. Understanding these defenses allows owners to navigate disputes confidently, while also encouraging contractors to maintain accurate records and comply with statutory requirements. Those seeking to learn more about Florida’s lien laws often find that a clearer understanding of these defenses helps prevent disputes and supports more efficient project management.
