When a Florida subcontractor files a lien, the owner must be notified within 15 days

Florida law requires a subcontractor who files a lien after starting work to notify the owner within 15 days. This rule ensures timely communication, protects both owners and subcontractors, and clarifies payment obligations, helping disputes stay manageable and the project move forward for clarity.

Florida construction projects run on a clock, and one of the tightest turns is this: if a subcontractor starts work after a Notice of Commencement is filed, there’s a specific 15-day window to notify the owner after the lien is filed. That simple 15-day rule helps keep everyone in the loop when money is tight and projects get noisy.

Let’s set the scene a bit so this lands in real life terms.

What’s a Notice of Commencement, and why does it matter?

  • A Notice of Commencement (NOC) is a document filed with the county that marks the official start of a project. It identifies the owner, the property, and who’s involved. It’s a signal to everyone downstream that a construction project is underway and that mechanics liens could appear if payments lag.

  • Subcontractors, suppliers, and general contractors all watch the NOC because it sets the stage for lien rights and payment claims. If you’re a subcontractor who starts after the NOC is filed, your lien rights—and your notification duties—are shaped by this timeline.

The 15-day notification rule: what it means for subcontractors

  • When a subcontractor files a lien, Florida law requires them to notify the property owner within 15 days of that filing. In plain terms: the day you record the lien isn’t the day you tell the owner once and done; it’s the day you complete your 15-day communication window.

  • Why does this matter? It’s all about transparency. The owner deserves to know about potential claims against the property as soon as possible so they can address payments, disputes, or work out a plan to keep the project moving.

Who needs to know and who sends the notice?

  • The rule specifically highlights subcontractors. They’re the party most at risk if payment gets tangled, and they’re the ones who need to keep the owner informed to protect their lien rights.

  • The general contractor and the property owner also have roles to play, but the legal notice obligation in this scenario falls on the subcontractor who filed the lien.

What should the notice include, and how should it be delivered?

  • Content you’ll typically want to include: the property description, the owner’s name, the lienor’s contact information, a brief summary of the lien claim, and a clear statement that the lien has been filed. The goal is straightforward: make sure the owner can verify what the lien is about and what steps, if any, are required to address it.

  • Delivery methods historically emphasized by the statute include serving the owner in person or sending a copy by certified mail (or another method that provides verifiable proof of service). The key is to ensure there’s a credible record showing the owner received the notice within the 15-day window.

  • Tip: keep copies of everything. A stamped certified mail receipt, a personal delivery receipt, or an electronic acknowledgment can become your best proof when questions arise later.

What happens if the 15-day window isn’t met?

  • Missing the deadline can complicate your lien rights and potentially weaken your position to collect. Florida’s lien framework is built on timely communication; delays can open arguments about notice and notice timeliness that can complicate dispute resolution.

  • If you’re unsure about whether you’ve met the deadline, it’s wise to consult with a knowledgeable construction attorney or a seasoned lien specialist who can review the dates, notices, and methods of service.

A practical look at the flow on a project

  • Day 1–X: A subcontractor begins work after the NOC is filed. The groundwork is set for lien rights and notice obligations.

  • Day X+: The subcontractor files a lien in the appropriate county court. This creates a formal claim against the property.

  • Day X+15: The subcontractor sends or serves a copy of the lien notice to the owner, confirming the lien has been filed and outlining the basic claim.

  • Day X+30 and beyond: Depending on the project and payment flows, the parties may negotiate, commence mediation, or move toward enforcement if the debt remains unsettled.

Common-sense steps to stay on the right side of the rule

  • Track dates diligently. A simple calendar reminder can save you from missing the 15-day notice window.

  • Confirm owner contact details early. If you don’t have current contact information for the owner, coordinate with the general contractor or your legal counsel to verify where notices should go.

  • Use reliable service methods. Certified mail with return receipt is a time-tested way to secure proof of delivery. In today’s world, electronic service can be acceptable in some contexts, but it should be documented and traceable.

  • Coordinate with the lender or title company if necessary. There are cases where the lender’s stake in the project affects notification and lien priorities; it’s good to check in early if you anticipate complications.

  • Don’t rely on memory. Put the dates, methods, and recipients in writing so you can reference them later if disputes arise.

A quick, real-world tangent you might find relatable

If you’ve ever sent a formal notice or a package with guaranteed delivery, you know how much reassurance comes from a receipt or tracking number. The Florida lien notification rule is the construction-world equivalent: a reliable paper trail that confirms a lien was filed and that the owner was informed in a timely fashion. It’s not just bureaucracy for its own sake. It’s about preventing surprises when money is tight and everybody’s juggling schedules, subcontractors, and schedules of payments.

Why this rule matters for the project’s long game

  • For subcontractors, timely notification preserves the ability to pursue payment without tripping over procedural missteps.

  • For owners, it provides a clear signal that there are potential claims to consider, which can speed up negotiations, change orders, or alternative dispute resolutions.

  • For the broader project ecosystem — architects, engineers, suppliers, and lenders — it creates a more predictable environment where payments and responsibilities are documented, and risks are managed.

Bottom line: the 15-day clock is your friend

If you’re involved in a Florida project where a subcontractor starts after the Notice of Commencement, remember this simple rule: file the lien, then notify the owner within 15 days. It’s a compact window, but it packs a lot of weight in terms of transparency, rights protection, and smooth project progression.

A couple of closing reminders

  • Always match your timelines to the actual calendar, not just your memory of when something happened. The law’s efficiency depends on precise, documented actions.

  • When in doubt, seek clarity. A quick check-in with a construction attorney or a lien specialist can save days of back-and-forth later on.

  • Keep the bigger picture in view. Timely notice doesn’t just protect a payment claim; it helps keep the project moving forward with fewer standoffs and more opportunities to resolve disputes.

If you’re navigating Florida’s lien landscape, you’ll notice this rule popping up again and again. It’s one of those practical, make-it-work rules that keeps projects on track and helps both sides move toward resolution. And in the end, that clarity — the ability to see the path forward — is what makes the messy business of construction a little less chaotic and a lot more doable.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy