Selling a House With a Contractor or Mechanic's Lien in Florida

A contractor lien, sometimes called a mechanic's lien or construction lien, is one of the more surprising title issues a Florida seller can run into, partly because it can attach to a property even when the homeowner believes a job was fully paid for. Here is generally how Florida's construction lien law works, and why it needs to be checked before a sale, not assumed away.

What a contractor lien actually is

Under Florida Statute 713.08, a contractor, subcontractor, laborer, or material supplier who has not been paid for labor, services, or materials furnished to improve a property can record a claim of lien against that property. This is Florida's construction lien law, sometimes referred to as a mechanic's lien, and it is a legal mechanism entirely separate from a mortgage, a general civil judgment lien, or a code enforcement lien, each of which arises from a different source and follows different rules.

Why a lien can surface even after you paid someone

This is the detail that catches many homeowners off guard: paying the general contractor in full does not automatically protect against every lien on the job. Depending on how the project was structured and documented, a subcontractor or material supplier who was not paid by the general contractor can, in some circumstances, still have independent lien rights against the property. Whether that risk applies to a specific renovation, and what protections may have already been in place, depends heavily on the facts of that particular job, including the paperwork exchanged during the project, and is a question for a Florida construction attorney or the title company handling a sale, not something to assume either way.

The recording window: liens can appear after work is finished

Florida Statute 713.08 sets a general outer limit: a claim of lien generally must be recorded no later than 90 days after the final furnishing of labor, services, or materials by that specific lienor. In practical terms, this means a lien connected to a recent renovation, repair, or addition can still be recorded weeks after the work itself wrapped up, which is one reason a title search close to a sale can turn up something the homeowner did not expect from a project completed months earlier.

The notice of commencement

Under Florida Statute 713.13, an owner generally must record a notice of commencement before beginning most construction projects. This is a public record tied to the specific project, and how it was or wasn't handled can affect how construction liens on that job attach to the property. Whether a notice of commencement was properly recorded for a specific past project, and what that means for lien exposure now, is a detail a title search and a construction attorney can actually evaluate on the facts, not something this general description resolves.

Where a sale fits

A contractor or mechanic's lien, whether already recorded or still within its recording window, does not automatically prevent a sale. It is a title issue, identified through a title search, that needs to be addressed as part of the transaction, similar in category to any other lien. Exactly how it gets resolved, paid off, disputed, or negotiated around, depends on the specific lien, the specific project history, and the specific facts, and that determination has to come from a title company or Florida construction attorney reviewing the actual documentation, not from a general article like this one. A cash, as-is sale does not remove this requirement: the lien still goes through the same title and closing review regardless of who the buyer is.

Frequently asked questions

What is a contractor or mechanic's lien in Florida?

Under Florida law (F.S. 713.08), a contractor, subcontractor, laborer, or material supplier who is not paid for work or materials on a property can record a claim of lien against that property. This is often called a mechanic's lien or construction lien, and it's a separate legal mechanism from a mortgage, a judgment lien, or a code enforcement lien.

Can a contractor lien my house even if I already paid the general contractor?

Potentially, yes, which is one of the most misunderstood parts of Florida's construction lien law. A subcontractor or supplier who was not paid by the general contractor can, in some circumstances, still have lien rights against the property, separate from whether the owner paid the general contractor in full. Whether that applies to a specific situation depends on the facts, including how the job was documented, and needs to be evaluated by a Florida construction attorney or the title company handling the sale.

How long does a contractor have to record a lien after doing the work?

Under Florida law (F.S. 713.08), a claim of lien generally must be recorded no later than 90 days after the final furnishing of labor, services, or materials by that specific lienor. This means a lien can still be recorded some time after work is finished, which is part of why a recent renovation or repair is worth checking on before listing a house for sale.

What is a notice of commencement, and why does it matter?

Under Florida law (F.S. 713.13), an owner generally must record a notice of commencement before starting most construction projects. It's a public record that identifies the project and can affect how construction liens attach to the property. Its presence, or absence, and how it was handled on a specific project are details a title search and a construction attorney can evaluate, not something to assume from general information.

Discovered a contractor lien and want to understand your options before selling? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Seminole County, and Hillsborough County. This article is general information, not legal advice. A title company or Florida construction attorney reviewing the actual project documentation is the right resource for confirming how a specific lien affects your specific property.