Florida lien law exists to protect contractors, subcontractors, and suppliers who improve your property. But it can also trap unsuspecting homeowners who pay their roofer in full only to discover that a lien has been filed on their home by a subcontractor or material supplier the roofer failed to pay. Understanding how Florida Statute 713 works and what documents to demand at each stage of your roofing project protects you from this costly nightmare.
How Liens Work in Florida
Under Florida Statute 713, any person who provides labor, services, or materials for the improvement of real property has the right to claim a lien against that property if they are not paid. This includes the general contractor (your roofer), roofing subcontractors (the crew that actually installs the roof, if different from the contractor), material suppliers (the company that provides shingles, underlayment, flashing, and other materials), and equipment rental companies.
The critical concept is this: even if you pay your general contractor every dollar you owe, a subcontractor or supplier that the contractor does not pay can file a lien on your home. You could end up paying twice for the same work — once to the contractor and once to resolve the lien.
The Notice of Commencement
The Notice of Commencement is the foundation of Florida's construction lien system. It must be filed with the county clerk before construction begins on any project over $2,500. The document includes the property owner's name and address, the property legal description, the general contractor's name and license number, a general description of the work, the contract price, and the project lender (if applicable).
Filing the Notice of Commencement triggers several protections for homeowners. It requires subcontractors and suppliers to serve a Notice to Owner within 45 days of first providing labor or materials. This gives you visibility into who has lien rights on your project. It establishes the timeline for lien filings — liens must be recorded within 90 days of the last day labor or materials were provided.
Your contractor often files the Notice of Commencement as part of the permitting process, but the legal responsibility is yours. Verify that it has been filed by checking with the county clerk's office.
The Notice to Owner
Within 45 days of first providing labor or materials to your project, every subcontractor and supplier who is not in direct contract with you must serve a Notice to Owner. This document notifies you that they have lien rights on your property.
Receiving a Notice to Owner is not a threat — it is a legal formality required by statute. But it serves an important purpose: it tells you exactly who has the right to file a lien if not paid. Keep every Notice to Owner you receive. Before making each progress payment and especially before final payment, verify with your contractor that every party who sent a Notice to Owner has been paid.
Conditional Lien Waivers
A lien waiver is a document in which a contractor, subcontractor, or supplier releases their lien right in exchange for payment. Florida recognizes two types.
Conditional waiver. The lien right is released when payment is received and clears. This is the standard waiver used during progress payments. The waiver is conditioned on the payment actually clearing the bank — if the check bounces, the lien right is restored.
Unconditional waiver. The lien right is released immediately, regardless of whether payment has cleared. Use unconditional waivers only after you have confirmed payment has been received and deposited.
At every progress payment to your roofer, demand a conditional lien waiver for the amount being paid. This creates a paper trail proving which work has been paid for and which lien rights have been released.
Final Payment Protection
Before making your final payment, demand three documents from your contractor.
Contractor's final affidavit. A sworn statement that all subcontractors and suppliers have been paid in full and that no outstanding debts exist on the project. Florida Statute 713.06 requires this before the owner's final payment.
Final lien waiver from the contractor. Releases the contractor's lien right for the full contract amount.
Lien waivers from all subcontractors and suppliers who served Notices to Owner. Each party who notified you of their lien rights should provide a waiver confirming they have been paid.
If your contractor cannot or will not provide these documents, do not make the final payment. Use the withheld funds to pay the unpaid parties directly if necessary.
What to Do If a Lien Is Filed
If a lien is filed on your property despite your precautions, take these steps. Do not ignore it — liens do not expire on their own in Florida. The lien holder has one year from the date of recording to file a foreclosure action. Contact your roofing contractor immediately and demand they resolve the lien. Consult a construction attorney to evaluate the validity of the lien and your options. If you made all payments properly and have documentation (lien waivers, canceled checks, contracts), you may have a defense against the lien.
Florida Statute 713.21 allows property owners to challenge fraudulent liens and recover attorney fees if the lien is found to be willfully exaggerated or fraudulently filed.
Choosing the Right Contractor Reduces Lien Risk
The best protection against liens is choosing a reputable, financially stable roofing contractor. Red flags for lien risk include contractors who demand full payment upfront, contractors with a history of complaints on the DBPR website, contractors who resist providing lien waivers, and contractors who will not disclose their subcontractors or suppliers. Licensed, insured, well-established contractors with verifiable references and clean complaint histories are far less likely to create lien problems.
The Bottom Line
Florida lien law protects workers and suppliers, but it can trap homeowners who do not take precautions. File a Notice of Commencement, track Notices to Owner, demand conditional lien waivers at every payment, and require a final affidavit and lien releases before the last payment. At Goliath Roofing, we provide lien waivers at every payment milestone as standard practice and supply a contractor's affidavit with our final invoice. We believe transparency builds trust.
Frequently Asked Questions
What is a construction lien on a roofing project in Florida?
A legal claim against your property by an unpaid contractor, subcontractor, or supplier. It can prevent selling or refinancing and can lead to foreclosure.
What is a Notice of Commencement and why do I need one for my roof?
A document filed with the county clerk before work begins that triggers protections requiring subcontractors and suppliers to identify themselves to you.
How do I protect myself from liens on a Florida roofing project?
File a Notice of Commencement, track Notices to Owner, require conditional lien waivers at each payment, and demand a final affidavit and lien releases before the last payment.