Checklist For Construction Liens & Statutory Surety Bonds

The following is a handy outline our firm has prepared over the years to assist any participant in the construction process, whether they are a subcontractor, general contractor, or an owner, to gain a broad understanding of their legal rights pertaining to Florida’s Construction Lien and Bond Laws.

Construction Liens

Contractors & Materialmen Contracting Directly With The Owner

  1. Determine that the Owner has recorded and posted Notice of Commencement before starting work or delivering materials.
  2. Record the Claim of Lien in each county where the property is located not later than 90 days after the final furnishing of labor, services or materials.
  3. Serve a copy of Claim of Lien on Owner either before or within 15 days after recording.
  4. Contractors only: serve the Final Contractor’s Affidavit at least five days before filing suit.
  5. File suit within one year after recording the Claim of Lien, or within 60 days of Service of Notice of Contest of Lien or 20 days of Service of Summons to Show Cause, whichever occurs first.

Subcontractors & Materialmen Contracting With The General Contractor

  1. Serve Notice to Owner on the Owner and a copy on the Lender not later than 45 days after commencing to furnish labor, services or materials, but in any event before the date of disbursement of the final payment by Owner after the Contractor has provided the Final Contractor’s Affidavit to the Owner.
  2. Record the Claim of Lien in each county where the property is located not later than 90 days after the final furnishing of labor, services or materials.
  3. Serve a copy of Claim of Lien on Owner before or within 15 days after recording.
  4. File suit at the sooner of (i) within one year after recording the Claim of Lien, (ii) within 60 days of Service of Notice of Contest of Lien, or (iii) within 20 days of Service of Summons to Show Cause, whichever occurs first.

Subcontractors & Suppliers Contracting With Subcontractors

  1. Serve Notice to Owner on the Owner and copies on the Contractor and Lender, not later than 45 days after commencing to furnish labor, services or materials, but in any event, before the date of disbursement of the final payment by Owner after the Contractor has furnished Final Contractor’s Affidavit to the Owner.
  2. Record the Claim of Lien in each county where the property is located not later than 90 days after final furnishing of labor, services or materials.
  3. Serve a copy of Claim of Lien on Owner before or within 15 days after recording.
  4. File suit at the sooner of (i) within one year after recording the Claim of Lien, (ii) within 60 days of Service of Notice of Contest of Lien, or (iii) within 20 days of Service of Summons to Show Cause, whichever occurs first.

Supplier To A Sub-Subcontractor

  1. Serve Notice to Owner on Owner, with copies to the Contractor, Subcontractor, and Lender, not later than 45 days after commencing to furnish labor, services and materials but in any event prior to the date of disbursement of the final payment by Owner after the Contractor has provided Final Contractor’s Affidavit to the Owner.
  2. Record the Claim of Lien not later than 90 days after the final delivery of materials.
  3. Serve a copy of Claim of Lien on Owner before or within 15 days of recording.
  4. File suit at the sooner of (i) within one year after recording the Claim of Lien, (ii) within 60 days of Service of Notice of Contest of Lien, or (iii) within 20 days of Service of Summons to Show cause, whichever occurs first.

Private Payment Bonds Under Section 713.23

Subcontractors & Suppliers Contracting Directly With Contractor

  1. Serve the Contractor and Contractor’s Surety with a Notice of Nonpayment not later than 90 days after the final furnishing of labor, services or materials.
  2. File suit against the Contractor and Contractor’s Surety not later than one year after final furnishing labor, services and materials for the project.

Sub-Subcontractors, Suppliers To Subcontractors & Suppliers To Sub-Subcontractors

  1. Serve the Contractor with a Notice to Contractor. This notice must be served not later than 45 days after first performing work or delivering materials.
  2. Serve a Notice of Nonpayment on the Contractor and Contractor’s Surety not later than 90 days after the final furnishing of labor, services or materials.
  3. File suit against the Contractor and Contractor’s Surety not later than one year after final furnishing of labor, services or materials.

Public Payment Bonds Under Section 255.05

Subcontractors and Suppliers Contracting Directly with Contractor

  1. File suit against the Contractor and Surety not later than one year after the final furnishing of labor, services or material.

Sub-Subcontractors, Suppliers To Subcontractors & Suppliers To Sub-Subcontractors

  1. Serve the Contractor with a Notice to Contractor not later than 45 days after beginning to furnish work or materials.
  2. Serve a Notice of Nonpayment on the Contractor and Contractor’s Surety not later than 90 days after final furnishing of services or materials.
  3. File suit against the Contractor and Contractor’s Surety on the bond not later than one year after final furnishing of labor, services or materials.

** Always consult a construction attorney for applicability of this outline to your specific situation!

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