Imagine this scenario: you hire a licensed roofing contractor, pay them every dollar of the contract price, and your beautiful new roof is installed. Then, three months later, you receive a legal notice that a material supplier has filed a lien on your home because the contractor never paid them for the shingles on your roof.
This is not a hypothetical. It happens to Pinellas County homeowners every year. Florida's construction lien law (Florida Statute Chapter 713) gives contractors, subcontractors, and material suppliers the right to place a legal claim on your property when they are not paid for work or materials they provided. And here is the difficult part: they can do this even if you paid your general contractor in full.
Understanding how construction liens work and knowing how to protect yourself is essential for any homeowner undertaking a roof replacement or major repair.
What Is a Construction Lien?
A construction lien (sometimes called a mechanic's lien) is a legal claim against real property filed by someone who provided labor, materials, or services for an improvement to that property and was not paid. In the context of roofing, this could be filed by:
- Your general roofing contractor
- A subcontractor who worked on your roof (such as a gutter installer or metal fabricator)
- A material supplier who provided the shingles, underlayment, flashing, or other materials
- A laborer who worked on the project
Once a lien is recorded against your property with the Pinellas County Clerk of Court, it creates a cloud on your title. This means you may not be able to sell your home, refinance your mortgage, or obtain a home equity loan until the lien is resolved. In extreme cases, a lienholder can actually force the sale of your property to satisfy the debt.
How Florida Construction Lien Law Works
Florida Statute Chapter 713 (Part 1) establishes the framework for construction liens. The law attempts to balance two competing interests: protecting workers and suppliers who provide labor and materials in good faith, and protecting property owners who should not have to pay twice for the same work.
The key mechanisms in the law include Notice to Owner requirements, strict filing timelines, and lien waivers. Each plays a role in the system, and understanding all three is necessary to protect yourself.
The Notice to Owner (NTO): Your Early Warning System
Before any subcontractor or material supplier can file a lien on your property, they must first serve you with a Notice to Owner (NTO). This is one of the most important protections you have as a homeowner.
Who Must Send a Notice to Owner?
| Party | NTO Required? | Deadline |
|---|---|---|
| General Contractor (direct contract with you) | No (they have a direct contract) | N/A |
| Subcontractor | Yes | Within 45 days of first providing labor/materials |
| Material Supplier | Yes | Within 45 days of first providing materials |
| Sub-subcontractor | Yes | Within 45 days of first providing labor/materials |
| Laborer (individual worker) | No (laborers are exempt from NTO requirement) | N/A |
The NTO is not a lien and does not mean there is a problem. It is simply a notice that a particular company or person is working on your project and wants to preserve their right to file a lien if they are not paid. Think of it as an introduction: "I am providing materials for your roof project, and I want you to know I exist."
If you receive an NTO during your roofing project, do not panic. Instead:
- Note who sent it and what they are providing
- Inform your general contractor that you received it
- Request lien waivers from that party when you make payments to your contractor
- Keep the NTO in your project file
If a subcontractor or supplier fails to serve a proper NTO within 45 days, they lose their right to lien your property. This is why the NTO system exists: it gives you the information you need to protect yourself.
The Construction Lien Timeline
Florida law imposes strict deadlines on every step of the lien process. Missing any deadline can invalidate a lien claim. Here is the complete timeline:
| Event | Deadline | What Happens |
|---|---|---|
| Notice to Owner (NTO) | 45 days from first providing labor/materials | Subcontractors/suppliers must serve NTO to preserve lien rights |
| Contractor's Final Payment Affidavit | Before final payment | Contractor lists all subcontractors/suppliers and amounts owed |
| Claim of Lien Recording | 90 days from last providing labor/materials | Lien must be recorded with Pinellas County Clerk of Court |
| Service of Lien on Owner | 15 days after recording | Owner must be served with copy of the recorded lien |
| Lawsuit to Enforce Lien | 1 year from recording date | Lienor must file lawsuit or lien expires automatically |
| Shortened Timeline (Owner's Option) | 20 days after owner serves Show Cause notice | Owner can force lienor to file lawsuit within 20 days or lose lien |
The 90-day window is measured from the last date the lienor provided labor, services, or materials. For a roofing project, this is typically the last day of work on site, including punch list items and cleanup. This means a lien could potentially be filed up to 3 months after your roof project appears to be complete.
What Happens When Your Contractor Does Not Pay Subcontractors
This is the nightmare scenario for homeowners, and it happens more often than you might think. Here is how it typically unfolds:
- You hire a general roofing contractor and sign a contract for a roof replacement
- The contractor hires subcontractors and orders materials from suppliers
- The subcontractors and suppliers serve you with Notices to Owner (which you may or may not have noticed)
- You pay the contractor according to the contract payment schedule
- The contractor does not pay the subcontractors or suppliers
- The unpaid parties file liens against your property
- You now owe money for work you already paid for
Under Florida law, the unpaid subcontractor or supplier has a legitimate lien claim against your property even though you fulfilled your obligation to the general contractor. This is why Florida's lien law includes mechanisms like the NTO, the Contractor's Final Payment Affidavit, and lien waivers to help homeowners protect themselves.
The Contractor's Final Payment Affidavit
Before making the final payment to your roofing contractor, Florida law (Section 713.06) gives you the right to demand a Contractor's Final Payment Affidavit. This sworn document requires the contractor to list:
- All subcontractors and material suppliers who worked on or provided materials for your project
- The amounts paid to each
- The amounts still owed to each
- A statement that all lienors have been paid or will be paid from the final payment
This affidavit is one of your most powerful protections. If the contractor provides a false affidavit (claiming everyone has been paid when they have not), it constitutes fraud and can be grounds for criminal prosecution under Florida Statute 713.35.
After receiving the affidavit, you should cross-reference the list of subcontractors and suppliers with any NTOs you received. If someone who sent you an NTO is not listed on the affidavit, ask questions before releasing final payment.
Lien Waivers: Your Best Protection
Lien waivers are the single most effective tool for protecting yourself from construction liens. A lien waiver is a document in which a lienor (contractor, subcontractor, or supplier) gives up their right to file a lien for the amount they have been paid.
Types of Lien Waivers in Florida
| Waiver Type | When to Use | What It Covers |
|---|---|---|
| Partial Waiver (Conditional) | With each progress payment | Waives lien rights for the specific amount paid, conditioned on the check clearing |
| Partial Waiver (Unconditional) | After payment has cleared | Unconditionally waives lien rights for the amount received |
| Final Waiver (Conditional) | With final payment | Waives all remaining lien rights, conditioned on final payment clearing |
| Final Waiver (Unconditional) | After final payment clears | Permanently waives all lien rights for the entire project |
For a typical Pinellas County roof replacement, here is the practical approach:
- With the deposit payment: Request a conditional partial lien waiver from the general contractor
- With the progress payment (materials delivered): Request conditional partial lien waivers from the contractor and any material suppliers who sent NTOs
- With the final payment: Request final lien waivers from the contractor, all subcontractors, and all material suppliers
- Do not release final payment until all final lien waivers are in hand
How to Protect Yourself: A Complete Strategy
Combining all of Florida's lien law protections into a practical strategy for your roofing project:
Before the Project Starts
- Include lien waiver requirements in your roofing contract
- Verify the contractor is licensed and in good standing
- Ask the contractor to identify all subcontractors and suppliers they plan to use
- Set up a project file to track all NTOs, payments, and waivers
During the Project
- Keep all Notices to Owner you receive. Do not throw them away.
- Request partial lien waivers from the contractor with each progress payment
- Request partial lien waivers from any subcontractor or supplier who sent an NTO
- Make payments by check (never cash) so you have a paper trail
- Consider issuing joint checks to the contractor and supplier for material costs
At Project Completion
- Request the Contractor's Final Payment Affidavit before releasing final payment
- Collect final lien waivers from the contractor and all parties who sent NTOs
- Verify that the project passed the Pinellas County final inspection
- Keep all documentation for at least 1 year after project completion (the lien filing deadline)
What to Do If a Lien Is Filed on Your Property
If you receive notice that a construction lien has been filed against your property in Pinellas County, take these steps:
Do Not Ignore It
A construction lien is a serious legal matter. Even if you believe the lien is invalid, it creates a cloud on your title that must be addressed. Ignoring it will not make it go away and could result in a lawsuit and forced sale.
Review the Lien for Validity
Florida lien law has strict requirements, and many liens are filed incorrectly. Check:
- Was an NTO served within 45 days? (If required and not served, the lien may be invalid)
- Was the lien recorded within 90 days of the last work performed?
- Does the lien contain all required information (property description, amount claimed, etc.)?
- Were you served with a copy within 15 days of recording?
- Is the amount claimed accurate and supported by the work performed?
Options for Removing a Lien
| Option | How It Works | Best For |
|---|---|---|
| Pay the Lien | Pay the claimed amount and obtain a Satisfaction of Lien | When the lien is valid and the amount is fair |
| Negotiate a Settlement | Agree on a reduced amount with the lienor | When the full amount is disputed but some payment is owed |
| Show Cause Motion | File a motion forcing the lienor to file a lawsuit within 20 days or lose the lien | When you believe the lien is invalid or fraudulent |
| Lien Transfer Bond | Post a bond to transfer the lien from your property to the bond | When you need to sell or refinance and cannot resolve the lien quickly |
| Wait for Expiration | If no lawsuit is filed within 1 year, the lien expires | When the lienor is unlikely to pursue the claim (risky strategy) |
| Contest in Court | File a lawsuit to have the lien declared invalid | When you have strong evidence the lien is improper |
The Owner's Defense: Paying Wisely
Florida Statute 713.06 provides an important defense for homeowners called the "proper payment defense." If you follow these steps, your total liability to lienors (including the general contractor) cannot exceed the total contract price:
- Record a Notice of Commencement before work begins (your contractor typically handles this)
- Do not make the final payment until you receive the Contractor's Final Payment Affidavit
- After receiving the affidavit, wait at least the time specified in the statute before making final payment
- Pay subcontractors and suppliers directly if the contractor's affidavit shows amounts still owed
By following this process, Florida law limits your total exposure to the contract price. Without this defense, you could theoretically owe the full contract price to the contractor plus additional amounts to unpaid subcontractors and suppliers.
Notice of Commencement: The Foundation Document
Before any work begins on your roof, a Notice of Commencement should be recorded with the Pinellas County Clerk of Court. This document:
- Identifies the property, owner, contractor, and surety (if any)
- Establishes the start date for the project
- Must be posted at the job site during construction
- Provides a central reference point for all lien rights
Your general roofing contractor typically prepares and records the Notice of Commencement as part of the permitting process. Verify that this has been done before work begins. Without a recorded Notice of Commencement, the lien process becomes more complicated and your protections may be weakened.
Joint Checks: An Extra Layer of Protection
One strategy that provides additional lien protection is issuing joint checks. Instead of paying the general contractor the full amount, you can issue checks made out to both the general contractor and their material supplier. This ensures the supplier gets paid directly from your payment.
Joint checks are not required by Florida law, and some contractors may resist this approach. However, for large material orders (especially the shingle or tile delivery, which can represent $5,000 to $15,000 of the project cost), a joint check provides certainty that the supplier will be paid and will not file a lien.
Fraudulent Liens in Florida
Florida takes fraudulent liens seriously. Under Florida Statute 713.31, filing a fraudulent lien is punishable by:
- The court declaring the lien invalid and unenforceable
- The lienor paying the property owner's attorney fees and costs
- Potential damages of up to the full amount of the fraudulent lien
- Criminal penalties in egregious cases
A lien is considered fraudulent if the lienor willfully overstates the amount owed, includes amounts for work not performed, or files a lien knowing they do not have lien rights (such as failing to serve a required NTO). If you believe a lien filed against your property is fraudulent, consult a Florida construction attorney immediately.
Frequently Asked Questions
What is a construction lien on a roofing project in Florida?
A construction lien (also called a mechanic's lien) is a legal claim against your property filed by a contractor, subcontractor, or material supplier who has not been paid for work or materials provided for your roofing project. Under Florida Statute 713, these parties have the right to place a lien on your property, which can prevent you from selling or refinancing until the lien is resolved. This applies even if you paid your general contractor in full but the contractor failed to pay their subcontractors or suppliers.
What is a Notice to Owner in Florida?
A Notice to Owner (NTO) is a document that subcontractors, sub-subcontractors, and material suppliers must serve on the property owner within 45 days of first providing labor or materials. The NTO is not a lien but a warning that these parties are working on your property and expect to be paid. Receiving an NTO is normal and not cause for alarm, but you should track all NTOs and ensure those parties are paid through lien waivers before making your final payment.
How long does a contractor have to file a lien in Florida?
Under Florida Statute 713.08, a contractor, subcontractor, or material supplier must record a Claim of Lien with the Pinellas County Clerk of Court within 90 days after the last date they provided labor, services, or materials to the project. If they miss this 90-day window, they lose their lien rights permanently. After recording the lien, they have 1 year to file a lawsuit to enforce it, or the lien expires automatically.
Can a subcontractor lien my property if I already paid my roofer?
Yes. This is one of the most important and misunderstood aspects of Florida lien law. If your general roofing contractor does not pay their subcontractors or material suppliers, those unpaid parties can file a lien against your property even if you paid the contractor every dollar of the contract price. This is why collecting lien waivers from all parties with each payment is the most critical step you can take to protect yourself.
What is a lien waiver and how does it protect me?
A lien waiver is a legal document in which a contractor, subcontractor, or supplier gives up their right to file a lien for the amount they have been paid. Florida recognizes conditional waivers (effective when payment clears) and unconditional waivers (effective immediately). Collecting lien waivers with every payment creates a documented chain proving that everyone involved in your roofing project has been paid and cannot place a claim against your property.
How do I remove a lien from my property in Florida?
You can remove a construction lien by paying the amount claimed and obtaining a Satisfaction of Lien, negotiating a reduced settlement, filing a Show Cause motion (forcing the lienor to sue within 20 days or lose the lien), posting a lien transfer bond to move the lien from your property to a bond, or waiting for the 1-year enforcement deadline to pass. For any lien dispute in Pinellas County, consulting a Florida construction attorney is strongly recommended to protect your rights and property.
Protect Your Property from Day One
Construction liens are one of the most misunderstood risks of home improvement projects in Florida. Most Pinellas County homeowners are shocked to learn that they can be held responsible for debts between their contractor and third parties they never hired or even knew about.
The good news is that Florida law provides robust protections if you use them. By including lien waiver requirements in your roofing contract, tracking all Notices to Owner, requesting the Contractor's Final Payment Affidavit, and collecting lien waivers with every payment, you can virtually eliminate the risk of a surprise lien on your property. Take these steps seriously, keep thorough records, and do not release final payment until you have written confirmation that every party on your project has been paid.