Construction disputes rarely arrive all at once. A schedule slips, change orders pile up without signatures, a draw request is questioned, and a subcontractor stops showing up. Then a claim of lien appears in the public records, or water comes through a new roof after the first storm. By the time the parties are talking about lawyers, the job site may already have changed: work has been covered, a new contractor has started, and the original crew's photos are on phones scattered across the county.
Florida has detailed statutes for construction payment and defect claims, and many of them run on short, strict deadlines. Whether you are the owner or the contractor, your position depends on the paper trail and on acting within those windows.
1. Freeze the condition of the work before anything changes
Before repairs or a replacement contractor touch the site, photograph and video every area in dispute, with a measuring tape or reference object in the frame and the date preserved. For defects, consider having an engineer or other qualified professional inspect and document conditions. If emergency repairs are needed to prevent further damage, document first, keep removed materials when practical, and keep receipts.
2. Gather the contract and every change to it
Collect the signed contract, plans and specifications, the schedule, and every change order, whether signed or not. Save emails and texts where scope or price changes were approved or disputed. Unsigned change orders and verbal approvals are common sources of conflict, and the messages around them often decide who is right.
3. Assemble the money trail
Keep every draw request, invoice, payment record, lien waiver and release, and any final payment affidavit. Owners should keep each notice to owner received from subcontractors and suppliers, because those notices affect whom the owner must pay and how. Contractors should keep proof of when they last furnished labor or materials, since several deadlines run from that date.
4. Preserve permits, inspections and licensing records
Pull the permit file, inspection results and any stop work or correction notices from the building department. Look up the contractor's license status on the state licensing site and save a dated copy showing the license number and status on the contract date and the date work began.
5. Keep the daily record of the job
Daily logs, site meeting minutes, delivery tickets, weather records and photos from the project manager's phone show what happened on site day by day. Ask everyone on your side to keep their phones and messages intact. Do not delete project group chats.
6. Follow the notice rules before you sue
Do not file suit, record a lien, or stop paying without checking the notice requirements below. Many construction claims are won or lost on whether a notice was sent on time and in the right form.
The Florida rules that matter
Notice of commencement. Before actually commencing an improvement, the owner or the owner's agent generally "shall record a notice of commencement in the clerk's office" and post a certified copy or notarized statement at the job site (§ 713.13(1)(a)). Unless the notice states otherwise, it expires "1 year after the date of recording" (§ 713.13(1)(d)).
Notice to owner. A lienor who is not in privity with the owner must serve its notice "before commencing, or not later than 45 days after commencing, to furnish" labor, services or materials, and failure to serve on time is a complete defense to the lien (§ 713.06(2)(a)). When paying, the owner must pay or cause payment of "the sum then due to each lienor giving notice prior to the time of the payment" (§ 713.06(3)(c)).
Claim of lien. A claim of lien must be recorded "not later than 90 days after the final furnishing of the labor or services or materials by the lienor" (§ 713.08(5)), and it must be served on the owner before recording or within 15 days after (§ 713.08(4)(c)). A contractor must deliver its final payment affidavit "at least 5 days before instituting an action" to enforce a lien (§ 713.06(3)(d)).
Lien enforcement. A lien does not continue "for a longer period than 1 year after the claim of lien has been recorded" unless an enforcement action is filed (§ 713.22(1)). An owner may shorten that period by recording a notice of contest of lien, after which the lienor has 60 days from service to sue or the lien "is extinguished automatically" (§ 713.22(2)). A willfully exaggerated lien may be declared a fraudulent lien, exposing the lienor to damages, attorney's fees and limited punitive damages (§ 713.31(2)).
Construction defects. Before filing a defect action, the claimant must serve written notice of claim "at least 60 days before filing any action," or 120 days for an association representing more than 20 parcels, describing "in reasonable detail the nature of each alleged construction defect" (§ 558.004(1)). The recipient may inspect within 30 days and must respond within 45 days (75 days for those associations) (§ 558.004(2), (5)). Serving the notice tolls the limitation period (§ 558.004(10)).
Unlicensed contractors. A contract entered into by an unlicensed contractor is unenforceable "in law or in equity by the unlicensed contractor," and no lien or bond claim exists in that contractor's favor for the work (§ 489.128(1), (2)). Licensure is measured as of the contract's effective date or, if none, the first day work was performed.
Limitation period. An action "founded on the design, planning, or construction of an improvement to real property" generally must be brought within four years, measured from certificate of occupancy or completion, abandonment, or for latent defects from discovery, and in any event within seven years (§ 95.11(3)(b)).
“shall record a notice of commencement in the clerk's office”
§ 713.13(1)(a)
“before commencing, or not later than 45 days after commencing, to furnish”
§ 713.06(2)(a)
“not later than 90 days after the final furnishing of the labor or services or materials by the lienor”
§ 713.08(5)
“for a longer period than 1 year after the claim of lien has been recorded”
§ 713.22(1)
“at least 60 days before filing any action,”
§ 558.004(1)
“in law or in equity by the unlicensed contractor,”
§ 489.128(1)
“founded on the design, planning, or construction of an improvement to real property”
§ 95.11(3)(b)
Your checklist
- Photograph and video every disputed area before repairs begin.
- Collect the contract, plans, schedule and every change order and approval message.
- Keep draws, invoices, payments, lien waivers, notices to owner and affidavits.
- Save the permit file and a dated license lookup for the contractor.
- Preserve daily logs, site photos and project group chats.
- Calendar the 45-day, 90-day and one-year lien dates and any defect notice periods.
- Talk with a lawyer before recording a lien, withholding payment or filing suit.
How we handle these cases
We represent owners, developers and contractors, and we approach each matter by lining up the contract, the money and the site record against the statutory deadlines. That tells us quickly whether a lien is valid, whether a defect notice is needed, and where the leverage lies. We bring our own experience as real estate owners and developers to these disputes and handle them throughout Florida. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.