Understanding Florida's 90-day deadline for filing liens and notices of non-payment

Crucial timing: Florida’s 90-day lien window and why it matters

If you’re on a Florida job site, chasing payment can feel like wrestling with a moving target. You nail down the work, deliver the material, and then—wait. The clock starts ticking, but in a very specific way. In Florida, the window to file a lien or a notice of non-payment isn’t long, and it’s not forgiving. The standard timing you’ll hear about is this: file within 90 days of the last work performed or materials provided. Let me unpack what that means and why it matters for contractors, subcontractors, and suppliers alike.

The 90-day rule in plain terms

Here’s the essence: if you’ve contributed labor or materials to a project, you must act within 90 days after your last day of work or the last batch of materials you supplied. That 90-day clock doesn’t reset every time you send a reminder or chase a payment; it’s tied to the last moment you materially contributed to the project.

Think of it like this: you’re building a staircase. The last plank you install is the moment your 90-day countdown begins. If you wait too long after that last plank, your right to file a lien can be wiped away. In Florida, that’s a real risk, and the consequence isn’t just a nudge in the right direction—it can mean you’re left without a legal mechanism to secure payment.

Why this timeframe exists

You’ll hear a lot about deadlines in construction, and for good reason. Lien rights are a powerful tool, but they’re not a free pass. Florida’s 90-day rule is designed to balance everyone’s interests on a project: owners want a clear path to title and final accounts, while contractors and material suppliers deserve a fair chance to get paid for their contributions.

If you miss the deadline, you could lose the ability to file a lien against the property. That doesn’t necessarily end all avenues for pursuing payment, but it does remove a major leverage point. For crews working on private projects in Florida, the 90-day window is a gatekeeper—it limits the time you have to assert those rights, so timely action is essential.

What counts as “last work performed” or “materials provided”?

Clarity here helps you act fast. The 90-day clock starts after the last work performed or the last materials furnished to the project. This isn’t only about the final week of work; it’s about the actual last day any labor was performed or any tangible item was delivered that contributed to the improvement.

• Last labor performed: The final days you or your crew did anything directly connected to the project. If you installed a set of cabinets, and that was the last labor you performed, that day starts the countdown.

• Last materials provided: The final batch of concrete, steel, bricks, nails, pipe, or any other material that becomes part of the project. Once that last material is delivered and accepted, you’re in the 90-day window.

A simple scenario helps make it concrete: suppose you’re a subcontractor who installed roofing tiles, and your last installation occurred on March 1. The 90-day period would run through May 30. If you haven’t filed a lien or a notice by then, you may have forfeited your lien rights for that project.

A quick note on project dynamics

Projects aren’t always linear. Sometimes a contractor might return to the site for punch list work, or a supplier might deliver a late batch after the main work is “technically complete.” In those cases, the 90-day clock ticks from the actual last work or the final delivery that contributed to the project—whatever comes later. The key takeaway: don’t assume completion equals the end of your window. track the precise moment your contribution ends.

What happens if you miss the deadline?

Short answer: you risk losing lien rights for that particular project. Longer answer: the consequences depend on the project, the contract, and the parties involved. If you miss the 90-day deadline, you might still pursue payment through other channels—contractual remedies, amicable settlements, or even mediation—but you won’t have the lien as a guaranteed lever to secure payment on that job.

Because lots of moving parts can muddy the water, many on-site teams keep a simple date-tracking ritual: log the last day of your work or the date of the final material delivery, and set a hard reminder a couple of weeks before the 90-day mark. A small habit now can prevent big headaches later.

Related notices and practical steps to stay ahead

While the 90-day window is the star of the show, there are related steps and notices that often appear in Florida’s lien framework. These aren’t “extra credit”—they are practical tools to keep you protected and paid.

• Notice to Owner (often required early): For those who aren’t in privity with the owner, Florida law can require a notice to owner within a certain period after you begin furnishing labor or materials. This notice helps ensure the owner knows who has a claim on the project. The exact timing can vary, so check the current statute and local rules on your job.

• Protecting your rights with proper recording: A lien claim typically must be filed in the circuit court. Filing is a formal step that puts others on notice about your claim. It’s not something to improvise at the last minute; it’s a paper trail that supports your payment rights.

• Serving a lien properly: Filing the lien is one part; service on the property owner and other parties is another. The mechanics of service matter. Rushing through this can create gaps that a judge won’t overlook.

Practical tips you can apply on every Florida job

• Start a date log on day one: Note the date you first provided labor or materials. Mark the last date of active contribution as you near the end of the job.

• Use a simple checklist: As you approach the end of your involvement, run through a checklist that confirms you have documented all last contributions and prepared any required notices.

• Keep copies, everywhere: Digital backups plus printed copies—store them in a project folder, a cloud drive, and in your field trailer if you have one. Redundancy saves you when life on-site gets busy.

• Talk early, not late: If you foresee payment trouble, loop in the project owner and your supervisor sooner rather than later. Open communication can prevent disputes and keep a lien from becoming your only recourse.

• Consult the statute or a professional: Florida lien timelines are precise, and a small detail can matter. When in doubt, a quick check with a construction attorney or a trusted legal resource can save you a lot of trouble.

The main idea: the clock matters, and the details matter more

Let’s circle back to the big picture. Florida’s 90-day rule is not just a date on a calendar. It’s a guardrail that helps ensure everyone who contributes to a project—whether you’re hammering nails or delivering drywall—receives fair compensation for your work. It rewards timely action and clear documentation. It’s a practical reminder that on a job site, the smallest details—the exact day you last provided service or materials—can make a big difference in whether you can secure payment.

If you’re hungry for quick recall, remember this: last work or last materials, 90 days. It’s that straightforward in the Florida statutes, and it’s the default rule most people encounter when they’re navigating liens and notices of non-payment. Keep a sharp eye on the dates, and keep your paperwork tight. It may not be flashy, but it’s how you protect your bottom line on projects across the Sunshine State.

A practical takeaway for the field

• If you’re a contractor or supplier on a Florida project, treat the 90-day clock as a project milestone. When you hit that window, your paperwork should be ready to go. Don’t wait for the last minute; build in a buffer so you can file cleanly and confidently.

• On larger projects with multiple subs and suppliers, assign a lien coordinator—someone who tracks the last work, last materials, and any notices that might apply. A little coordination goes a long way toward preserving payment rights.

• Finally, remember that while the 90-day rule is important, it sits within a broader framework of notices, filings, and local procedures. A quick consult with a legal resource familiar with Florida construction law can help you align every step with current requirements.

Bottom line: keep the clock in sight, keep the paperwork tight, and you’ll protect your ability to get paid for the important work you do. This isn’t merely legal trivia—it’s practical, real-world know-how that helps Florida construction crews stay solvent and focused on what they do best: building.