Understanding Florida mechanics lien law: who must file a notice to owner under F.S. 713 and why in-privity contractors usually don’t.

On the job site, a lot of the noise isn’t about hammers and nails. It’s about rights, notices, and the messy but essential business of mechanics liens. If you’re dealing with Florida construction projects, Florida Statutes 713 is the guide you want in your back pocket. It sets the rules for who can claim a lien, when they can claim it, and what hoops they must jump through to enforce it. Here’s a clear, practical look at one common quiz-style question about FS 713, and what the correct answer means in real-world terms.

What the question asks—and the crisp answer you should remember

The question: Which of the following is NOT TRUE regarding F.S. 713?

• A. Lien rights cannot be waived

• B. Any supplier or material man providing materials to another material man does not have a lien right

• C. No lien may be enforced by a lienor who is not properly licensed at the time of the lien

• D. An in privity contractor must file a notice to owner within 45 days of first starting the work

The answer given in many guides is D. In plain terms: the claim that a contractor who has a direct contract with the owner (in privity) must file a notice to owner within 45 days is not accurate in the standard Florida mechanics lien framework. The logic is that the notice-to-owner requirement is mainly to alert the owner about potential claims from parties not in a direct contractual relationship with the owner (think subcontractors or material suppliers). Those in privity typically have their lien rights through their direct contract and don’t rely on that initial notice to owner to protect their lien rights.

Now, let’s unpack the statements one by one, so you know how the pieces fit together on the job—and what to watch for when you’re working on a project.

A quick refresher on the big players in FS 713

• In privity vs. non-privity: If you have a direct contract with the property owner, you’re in privity. If you don’t, you’re in a different lane and must follow different notice rules.

• Notice to owner: This is a specific notice designed to inform the owner about potential liens from those not in direct contract with the owner. It’s a timing and form thing, and it’s where a lot of confusion comes from on real jobs.

• Licensing: Florida requires certain standards to enforce a lien. If a lienor isn’t properly licensed at the time the lien is filed or pursued, enforcement can be compromised.

• Waivers: Lien rights aren’t carved in stone; they can be waived under certain circumstances, usually via properly drafted waivers or releases.

Option A: “Lien rights cannot be waived”

Reality check: This is the kind of statement that sounds rock-solid but isn’t entirely true in practice. In Florida, lien rights can be waived, typically through waivers and releases that are properly executed and timed. Think of a final waiver after a payment or a waiver on a progress payment that’s carefully drafted. The key word is carefully drafted and correctly timed. So, as a blanket rule, “liens rights cannot be waived” isn’t accurate. You’ll hear folks say, “waivers exist for a reason,” and that’s the practical truth on most projects.

Option B: “Any supplier or material man providing materials to another material man does not have a lien right”

This one has teeth in real life. In Florida law, a material supplier who furnishes materials to a subcontractor (not directly to the owner) often doesn’t have a separate lien right against the owner unless there’s a direct contract with the owner or the statute explicitly covers the situation. In short: when the supply chain is multiple tiers and the supplier only deals with another supplier or a subcontractor, the typical lien right may not attach—unless specific conditions exist (like direct contractual relationships with the owner or specific notice provisions). On many jobs, that “pass-through” situation means no lien right, so this statement is treated as true in practical terms for many projects.

Option C: “No lien may be enforced by a lienor who is not properly licensed at the time of the lien”

This one is more black-and-white. Florida law makes licensing a gatekeeper for lien enforcement. If you’re not properly licensed at the time you seek to enforce a lien, your lien claim is not enforceable. It’s a straightforward guardrail designed to keep unqualified players out of the lien arena. You’ll hear this echoed in many attorneys’ summaries of FS 713: licensing matters, and enforcement hinges on it.

Option D: “An in privity contractor must file a notice to owner within 45 days of first starting the work”

This one is the standout “NOT TRUE” when you read the nuance into Florida’s mechanics lien framework. The idea behind the 45-day notice-to-owner window is to alert owners about potential non-privity claims. In-privity contractors—those with a direct contract with the owner—generally don’t need to file a separate notice to the owner to preserve their lien rights. They protect their lien rights through their direct contractual relationship and the lien filing process that follows. In short: this statement flips the practical rule on its head, which is why it’s identified as the NOT TRUE option.

Where the nuance really matters

• Timing and form matter. Notice to owner isn’t a generic prerequisite for every contractor; it’s a targeted tool for those without a direct contract. If you’re the general contractor who signed the deed with the owner, you deploy different rights and timelines than a subcontractor who contractually reports to that general contractor.

• Waivers aren’t “one-and-done.” They can be valid, but they must be drawn and executed correctly. For example, waivers tied to specific payment events are common, but a broad waiver sprinkled in at the wrong time can create confusion or risk.

• Licensing isn’t optional. If you’re in the lien game and not properly licensed, you’re basically waving your right to enforce the lien. That’s why most project teams treat licensing as a top priority, even before filing a lien.

• The B option isn’t arbitrary; it reflects a real boundary in the law. Suppliers who deal with other suppliers aren’t automatically granted a lien—unless there’s a contract chain that brings them closer to the owner’s property interests, or the statute otherwise covers their position.

Putting it into a real-world frame

Picture a Florida construction site: an owner hires a general contractor (the one in privity with the owner). The electrician, the plumber, and the drywall crew all work under this general contractor’s umbrella. A separate supplier ships custom fixtures to the electrician’s shop. The painter’s crew also buys materials through the electrician’s subcontractor, not directly from the owner.

• What about notices? The owner is kept in the loop by the general contractor’s own contract pathway. If the supplier or a sub-subcontractor tries to file a lien, their ability to enforce depends on whether they’ve got a direct contract with the owner or if Florida’s notice-to-owner rules apply to their position. In many cases, the non-privity party must issue a notice to owner within a certain window to preserve their lien rights. In-privity contractors, on the other hand, rely on their direct contract and typical lien procedures rather than a separate notice to owner.

• Licensing matters? If the electrician or the drywall crew fails to maintain proper licensing at the time they file a lien, that lien may be unenforceable. That’s a big deal, especially on larger projects where multiple trades flow through complex subcontracting agreements.

• Waivers pop up? Yes, parties will sign waivers—often during progress payments or at project milestones. These aren’t red flags; they’re standard tools for managing risk and cash flow. But they need to be crafted to avoid giving up rights inadvertently or creating ambiguity about what’s waived and when.

Why this matters for anyone involved in Florida construction

• Clarity saves money and headaches. Understanding who must file notices and when can prevent missed liens or lost rights—both of which can cost a business tens or hundreds of thousands on a project.

• Licensing isn’t optional. It’s a prerequisite for enforcement. If you’re a contractor, supplier, or subcontractor, keep licenses current and be prepared to demonstrate it if a lien comes into play.

• The right kind of communication helps. Notices, waivers, and lien filings all hinge on precise timing. Build a cadence on your team for checks and confirmations about who must file, when, and what forms are used.

Practical tips you can implement today

• Map the contract chain on every project. Identify who is in privity with the owner and who isn’t. This helps you determine who needs a notice to owner and who doesn’t.

• Set internal reminders for licensing expirations and renewals. A simple calendar alert can save a lot of trouble when a lien window opens.

• Keep clear records of all waivers. If a waiver is signed, know what rights you’re giving up, under what conditions, and what remains enforceable.

• Consult early with legal counsel on any gray area. FS 713 includes plenty of exceptions and edge cases. A quick professional review can prevent costly missteps down the line.

• Use reliable, project-ready notice forms and filing procedures. Consistency in form and process reduces the risk of rejected liens or waivers.

Wrapping it up with a reality check

If you’re sorting through that multiple-choice question in your Florida reference guide, the takeaway is simple: the statement about in-privity contractors needing to file a notice to owner within 45 days is not aligned with the standard rule. In Florida, the notice-to-owner mechanism is mainly a tool for those who aren’t in direct contract with the owner. That’s why D is the NOT TRUE choice in many explanations, while A, B, and C reflect other realities of FS 713 with their own nuances.

And here’s the bigger picture: mechanics lien rules aren’t just trivia. They shape how cash flows on a project, how risk is managed, and how a contractor’s or supplier’s livelihood is safeguarded. A solid grasp of who must file, what notices matter, and how licensing affects enforcement isn’t about memorization. It’s about doing good, clear work on the ground—so you’re protected when the job moves from the planning board to the bulldozers and into the finished building.

If you want to keep this clarity top of mind, anchor your understanding in the core ideas:

• Privity defines who relies on direct owner contracts versus those who must lean on notices to owner.

• Licensing governs enforceability; without proper licensing, a lien’s bite can fade.

• Waivers exist, but they’re not foolproof; they must be precise.

• The 45-day clock is a tool for non-privity claimants, not a universal requirement for everyone in the chain.

Florida construction work needs all hands on deck—and a solid grip on FS 713 helps you keep the deck steady. If you’ve got questions about how these rules apply to a specific project, a quick chat with a knowledgeable attorney or a seasoned field supervisor can make a world of difference. After all, a well-handled lien process isn’t just about legal compliance; it’s about keeping work moving smoothly from start to finish, with fewer surprises along the way.