Florida Construction Liens: An Introduction To Florida’s Construction Lien Statute

I.  Introduction

A claim of lien is an encumbrance against real property created by state law for the purpose of securing payment for labor, materials, or services expended to improve the real property. While there are many types of liens, the most important class of liens to contractors and subcontractors working in Florida were traditionally known as "mechanic's liens." In 1989, the Florida Legislature allowed the governor to appoint a "Mechanic's Lien Study Commission. The purpose of the Commission was to suggest changes to the then "Mechanic's Lien Law, Part One, Chapter 713 Florida Statutes. One of the Commission's first recommendations to the legislature was to change the name of mechanic's liens to "construction liens" in order to avoid confusion with the type of lien belonging to an automobile mechanic. As such, Florida Statute, Sections 713.001 through 713.37 is now titled "Construction Liens."