In Florida, when the General Contractor defaults, subcontractors and material suppliers have 90 days to file liens

On a Florida job site, money isn’t just about numbers on a invoice. It’s about keeping crews paid, materials in stock, and projects moving forward. When a primary General Contractor hits a snag or defaults, everyone who contributed—subcontractors and material suppliers especially—feels the impact. And there’s a clear clock to watch: 90 days. That’s the window you get to file a lien if the GC defaults. Let’s unpack what that means and how to navigate it without getting tangled in legal jargon.

What happens when the GC defaults?

Think of a construction project as a chain of promises. The general contractor signs the big one, agreeing to pay subcontractors and suppliers for the work and materials they provide. If that promise falls through—if the GC defaults—the project can stall, and payments can dry up. Subcontractors and suppliers aren’t left without options. One of the strongest tools available in Florida is the mechanics lien, which can secure payment tied to the project. The Florida rule you’ll hear about in many guides is a 90-day deadline tied to the GC’s default.

Here’s the thing: that 90-day window isn’t a suggestion. It’s a protection built into the process to ensure providers who already did work or furnished materials aren’t left empty-handed if the primary builder can’t or won’t pay. It’s a practical safety net that keeps money moving through the project chain, even when a key player falters.

The 90-day window explained

Let me explain it plainly. After the GC defaults, subcontractors and material suppliers have 90 days to file a lien. That lien is a legal claim against the property—one that can help ensure their right to payment is preserved if other routes to payment fail.

Why 90 days? Because that timeframe balances two needs:

• It gives lien claimants enough time to assess what they’re owed and collect the supporting documents (invoices, delivery tickets, change orders, and the like).

• It gives the project a reasonable chance to get back on course without letting unpaid claims linger indefinitely, which could complicate financing, foreclosures, or sale of the property.

In practice, 90 days isn’t a generic “two months.” It’s a deadline that hinges on the GC’s default status and the last date the claimant furnished labor or materials, as applicable to Florida’s mechanics lien framework. The point is to move decisively so payment rights don’t fade into a murky timeline.

Who has to file, and when?

The real actors here are subcontractors (the crews who install, weld, frame, lay pipe, wire, etc.) and material suppliers (the folks who ship cement, steel, shingles, windows, and fasteners). They’re the ones who typically rely on liens to secure payment when the top-level payer is unreliable.

If you’re a subcontractor or supplier and the GC defaults, you’ll want to act within that 90-day window. Filing a lien doesn’t automatically settle the debt, but it locks in your claim to money tied to the project. It can also prompt negotiations, prompt payment, or even prompt a higher-priority lien if other creditors are involved.

A few practical notes about timing and triggers:

• The clock starts on the GC’s default date, not the date you finished your work or delivered the last material. That date is the trigger for the 90-day period for lien rights under this scenario.

• Your lien must be filed within those 90 days in the circuit court with proper service and in the manner required by Florida law. While the exact forms and steps can vary by county, the core idea is straightforward: file, then serve, then preserve your rights.

• There are additional notice procedures tied to liens in Florida (like notices to owners and notices within a certain period after first furnishing). Those notices help protect your lien if the project runs into trouble. It’s not just “file a lien” and hope for the best—you have to follow procedural rules to keep the lien enforceable.

Steps to secure your lien efficiently

If you’re in the position of needing to file a lien after a GC default, here’s a practical roadmap that keeps things manageable:

• Gather documents early. Collect all relevant invoices, contracts, delivery tickets, change orders, and proof of the last date you supplied labor or materials. The more organized you are, the smoother the filing process will go.

• Confirm the triggering date. Verify the GC default date as the start of your 90-day period. If there’s any ambiguity, document why you believe a default occurred and when.

• Prepare the lien claim. Draft the claim of lien with clear project details: the property description, the legal description, the amount owed, the parties involved, and the dates of your last work or material provision. Precision matters; a sloppy claim can undermine the entire effort.

• File with the right authority. In Florida, mechanics lien filings are typically recorded in the circuit court of the county where the property sits. File the lien there and make sure you meet any local filing requirements.

• Serve the owner and others. After filing, serve a copy of the lien on the property owner and any other required parties within the timelines set by Florida law. Proper service is essential for the lien to remain enforceable.

• Keep the timeline in view. Don’t let the due date creep up. Maintain a calendar with critical dates for rebuttals, continuances, or potential court actions if the project stalls.

• Consider accompanying remedies. In some cases, a rough economic reality check is wise: liens can prompt settlements, but you might also explore payment bonds or other protections if they’re part of the project structure.

Common pitfalls and how to avoid them

No one wants to learn the hard way that a well-placed lien didn’t hold up in court. A few frequent missteps to watch for:

• Missing the deadline. The 90-day window is tight. It’s tempting to wait for more information or to hope the GC sorts things out, but delays can be fatal.

• Incomplete documentation. A lien with missing dates, inaccurate property descriptions, or unclear amounts can be challenged.

• Not following notice requirements. Florida liens often require notices to owners or pre-lien notices. Skipping these can put the lien at risk.

• Misidentifying the project. If you’re on multiple projects, make sure your lien targets the correct property and contract. Mixing up project data invites challenges.

• Overstating the amount. A lien should reflect actual, verifiable amounts. Inflate it and you invite costly disputes or even sanctions.

A few practical tips to stay ahead

• Start early. Put a system in place so you can pull together liens quickly if the GC defaults. A simple folder with digital copies of invoices, change orders, and notices can save hours.

• Track the “last furnishing” date carefully. For materials, a delivery receipt or drop-off log can anchor this date; for labor, a timesheet or job log works well.

• Keep communications clear and professional. If there are disputes, documenting them helps you justify your lien amount later and reduces surprises.

• Get qualified advice when needed. Mechanics lien rules can get technical. A local construction attorney or a knowledgeable consultant can help confirm deadlines and filing steps for your county.

• Pair liens with other protections. If a payment bond exists on the project, that route can be a faster or alternative path to recovery. Understand all available options.

Why this matters on Florida projects

The 90-day lien window isn’t just a page in a manual. It’s a practical tool that protects the people who put in the work and supplied the materials to get a project off the ground. Florida projects—from sunny single-family homes to sprawling commercial builds—rely on timely payments to keep crews lined up and suppliers willing to stock up. When a GC defaults, that 90-day clock becomes a focal point for preserving cash flow and maintaining momentum on the site.

A simple mental model you can carry forward

• You’re a subcontractor or supplier who has completed work or delivered materials.

• The GC defaults.

• You have 90 days to file a lien to secure your payment rights.

• Filing on time helps keep the project moving and can prompt settlements before a court battle.

If you want to stay sharp, keep a calendar that flags:

• The default date

• The 90-day deadline

• The date you file and the date you serve

• Any notices to owners or other required filings

Closing thoughts

Understanding the 90-day lien window is like having a reliable tool in your toolbox. It’s not just about code or form numbers; it’s about protecting your business, ensuring fair payment for your work, and keeping construction projects on track even when a key player trips up.

If you’re facing a potential default situation or you’re just building your own knowledge, take a moment to map out your project’s lien strategy. Gather the documents, mark your dates, and know that you’re not alone—there are solid steps you can take to safeguard your rights and keep your projects progressing.

If you’d like more straightforward explanations about Florida lien rules, practical filing tips, or real-world scenarios, I’m glad to help walk through them. This is about clarity, not jargon—the kind of practical guidance that helps you sleep better at night while your project moves ahead.