Contesting a Mechanic's Lien in Florida

Under Florida law, filing a statutory Notice of Contest of Lien can defend property against a lien. See 713.22 Fla. Stat (2016).

A mechanic's lien, when filed against property, is valid for one year after the recording date. ( 713.22(1)). The lienor can extend that time past one year by filing a lawsuit to enforce the lien prior to its expiration. When a lien is recorded, however, a property owner may file a Notice of Contest of Lien within the one-year period to dispute the lien's validity. This Notice includes the lienor's name and address, details about the recorded lien, the owner's name, and the signing date. It should also meet all state and local formatting requirements for documents submitted for recording.

Once the notice is recorded, the clerk serves it on the lienor at the address in the lien, putting the lienor on notice that he or she must file a lawsuit to enforce the lien within 60 days. This can shorten the enforceability period because once the lienor receives the Notice of Contest of Lien. If the lienor fails to file a lawsuit within the shortened timeframe, it renders the lien invalid.

Each case is unique, so contact an attorney for more information about contesting a lien or other questions about Florida's Construction Lien Law.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Notice of Contest of Lien

File a lien to prevent property sale until payment is received
Protect subcontractor payment rights on a building project
Protect your right to payment for home improvement work
Protect payment rights for electrical, plumbing, or HVAC work
Provide notice of intent to file a lien for unpaid work
Document a change order that affects the scope of a project
Establish a legal claim against property for unpaid labor

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Important: County-Specific Forms

Our notice of contest of lien forms are specifically formatted for each county in Florida.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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