Florida lien enforcement: a not-in-privity subcontractor has 60 days to enforce after a certified contest.

Liens are the quiet backbone of payment in construction. They show up when a project runs into money trouble and everyone’s trying to keep the lights on. For subcontractors who aren’t in privity with the main contractor, the timeline to enforce a lien can feel like a ticking clock in a high-stakes moment. Here’s the straight, practical answer you need: 60 days. After a contest of lien is certified, a not-in-privity subcontractor has 60 days to enforce the lien.

What does “not in privity” actually mean?

First, a quick refresher. Privity is the formal contract relationship—the direct link between party and project that creates certain duties and rights. If you supplied labor or materials but didn’t sign the contract with the project owner or general contractor, you’re considered not in privity. That distinction matters because your legal route to getting paid looks a little different. You don’t have the same immediate leverage as the parties who signed the main contract, but you do still have a remedy in the form of a lien and, importantly, a deadline to act.

A certified contest changes the clock

When a lien contest is certified, the court (or the process defined by Florida law) acknowledges that the dispute over the lien is resolved enough to allow enforcement to proceed. For subcontractors who aren’t in privity, that certification is what flips the switch on a strict deadline. The rule is simple in its outcome, even if the machinery behind it can feel a bit paperwork-heavy: you have 60 days to take formal action to enforce.

Why timing matters in real-world terms

If you’ve ever kept a budget for a small remodeling job, you know how crucial it is to forecast cash flow. The same logic applies here. The 60-day window gives a clear, predictable horizon for you to plan next steps—whether that means filing an enforcement action, coordinating with a lawyer, or negotiating with the other party to settle. It reduces the guesswork and helps avoid the last-minute scramble that can derail your ability to get paid for the materials or services you provided.

What happens if you miss the 60-day deadline?

Miss it, and you risk losing your right to enforce the lien. That outcome isn’t just a legal label—it’s a real financial consequence. If the lien can’t be enforced in time, it may become ineffective with respect to that specific claim, and you could be left without a practical remedy to recover payment. That’s why a lot of success in the field hinges on knowing this deadline and tracking it carefully from the moment the contest is certified.

How to enforce the lien within 60 days: a straightforward pathway

If you’re in this situation, here are the essential steps you’d typically follow. Treat them as a practical checklist you can adapt to your project workflow:

• Confirm the certification date. The 60-day clock starts on the date the contest of lien is certified. Mark that date clearly in your files.

• Prepare your enforcement filing. In Florida, enforcement actions to collect on a lien are usually filed in the circuit court with jurisdiction over the project’s location. This is the formal step that moves you from a claim to a court-backed lien remedy.

• Gather supporting documents. Have your lien, the notice of contest (if applicable), proof of the amounts owed, and any communications that show the work or materials you supplied. Courts appreciate a clean, well-documented package.

• Serve the required parties. You’ll need to make sure the relevant stakeholders—typically the property owner and the party who holds the lien—receive copies of the enforcement pleadings. Service timelines matter, so do this promptly.

• Coordinate with counsel or a lien specialist. While you can proceed pro se in many cases, having someone who understands Florida lien law can save you time, prevent missteps, and keep the process moving smoothly.

• Track every date and deadline. Beyond the 60-day enforcement deadline, there are other milestones (like responses from the other side, potential motions, or hearings). Keep a simple calendar that flags upcoming steps.

A few practical notes

• The enforcement path is not identical for every project. Local court rules, the specifics of the contract, and the structure of your lien can shift the exact documents you file. It helps to know where your project sits—county by county, court by court.

• Documentation is your strongest ally. Photos, delivery receipts, signed work orders, and correspondence all become your credibility in court. The stronger your paper trail, the smoother your enforcement case tends to run.

• Timing isn’t just about the clock. It’s also about momentum. Early, decisive action often prevents the other side from reorganizing finances or delaying negotiations.

What to watch out for beyond the deadline

• Other deadlines can bite if you’re not careful. While the 60-day period governs enforcement after certification for not-in-privity subcontractors, there are related filing deadlines and procedural rules tied to liens. A missed hop here can complicate things. If you’re juggling multiple claims on the same project, a single misstep can ripple into trouble for all of them.

• Interest, penalties, and fees. Depending on the specifics of the lien statute and the court’s rulings, interest on the amount owed and court costs can come into play. Understanding potential added costs can shape your strategy—sometimes it’s worth pursuing aggressive enforcement, other times a negotiated settlement may be more economical.

• Prioritization in case of multiple liens. On a busy project, there might be several liens from different subs. Florida law often has a framework for how these liens interact and get paid when the owner’s funds are limited. That’s where a lender-like sense for liens comes in handy: who gets paid first, and how to preserve your right if funds are scarce.

A quick digression: what this means for project cash flow

If you’re a small crew or a solo subcontractor, you know every dollar counts. A 60-day deadline isn’t just a legal fact; it’s a tool for your finances. When you know you have a finite window to enforce, you can plan around it. You might set up a monthly cash-flow review, schedule a quick consultation with a construction attorney mid-project, or align your invoicing with project milestones to reduce surprises. This is the kind of practical habit that keeps work sustainable, even when the project runs longer than expected or owner payments slip.

Real-world flavor: a small contractor’s story

Let me explain with a simple scene many readers will recognize. A small drywall company delivered a solid chunk of labor on a mid-size commercial job. The main contractor hit financial trouble, and suddenly the drywall crew found itself not in direct contract with the owner. A lien was filed, a contest followed, and when the certification came through, the clock started ticking for enforcement. The owner had already moved funds to cover other trades, but because the subcontractor acted quickly and had clean documentation, they navigated the 60-day window without sprinting into costly delays. The result wasn’t just money recovered; it was a reminder that proactive recordkeeping and timely action can turn a stressful situation into a manageable one.

The broader picture: staying compliant and informed

Construction projects are ecosystems of trust, timing, and paperwork. For subcontractors who aren’t in privity, the 60-day enforcement window after a lien contest certification is a concrete, non-negotiable rule. It’s there to provide fairness and predictability in a world where lots of moving parts—ownership, subcontractors, suppliers, and lenders—must coordinate to keep a project alive. Understanding this rule is part of smart project management, not just legal compliance.

If you’re building a payroll-friendly habit around liens, here are a few simple, repeatable steps to weave into your workflow:

• From day one, keep a dedicated lien file. Include contracts, change orders, delivery tickets, and notices. The more you have, the easier enforcement becomes.

• Track dates religiously. Create a single calendar for each project with key milestones: contract signing, lien filing, contest certification, and enforcement deadlines.

• Build a quick reference sheet. A one-page guide that spells out “60 days after certification” can save you hours of back-and-forth when time is tight.

• Don’t wait for a crisis to ask for help. A short consult with a construction attorney or a lien specialist when a dispute arises can keep you compliant and reduce risk.

Bottom line: 60 days is the hinge

For not-in-privity subcontractors, the enforcement clock after a contest of lien is certified is a precise, non-negotiable window—60 days. It’s a rule built to protect your rights and keep the financial gears turning on construction projects. If you stay organized, keep solid records, and act with intention, you’ll navigate this part of Florida lien law with more confidence and less stress.

Want to stay in the loop on what the numbers mean in real life? Consider turning this knowledge into a habit you rely on, not a memory you have to pull out in a pinch. The moment a contest is certified, you’ll know exactly where you stand, what you need to do next, and how to keep your business moving forward—even when the job site hums with the bustle of activity and a few stubborn invoices.

In the end, the message is simple: know the deadline, keep your files tight, and act promptly. The 60-day rule isn’t just a number; it’s a practical tool for protecting your payment rights and keeping cash flow steady on the projects you pour your heart into.