At a glance
- Who
- Florida homeowners with a contract above $2,500 on a home of up to four units
- What
- Chapter 713 requires a lien warning in your contract and gives you rights to hold back final payment until you get the contractor's sworn affidavit.
- When
- At contract signing, when Notices to Owner arrive and before final payment
- Where
- Florida Statutes sections 713.015 and 713.06
- Why
- Without these steps, you may pay twice for the same work
The short answer
Under Florida's construction lien law, people who work on or supply your project can claim a lien on your property if they are not paid, even if you already paid the contractor. The state requires a written warning about this in most home contracts. This page covers the pieces that matter most to a homeowner in sections 713.015 and 713.06. The full law is at the Florida Legislature website. It is not legal advice.
The warning in your contract
Section 713.015 applies to a direct contract between an owner and a contractor that is above $2,500 and relates to residential property of up to four units. The contract must include a disclosure that is at least 12-point, capitalized and bold. It goes on the front page of the contract or on a separate page, and the owner signs and dates it.
The notice opens "ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW." It says unpaid workers and suppliers may enforce claims against your property even if you paid the contractor in full. It advises you to require a written lien release from anyone who has sent a "NOTICE TO OWNER" before you pay. The requirement does not apply when the owner is a contractor licensed under chapter 489.
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Notices to Owner are normal
Under 713.06(2), every lienor except laborers must serve a Notice to Owner. It must come before the lienor starts work or delivers materials, or within 45 days after starting. On most jobs, trade partners and suppliers send them. Getting one does not mean something is wrong. It means that party is protecting its right to be paid.
Keep every notice in one folder. They tell you who may later have a claim.
Your protection at the end of the job
- The final payment affidavit. Under 713.06(3)(d), when final payment is due, the contractor must give you a sworn affidavit. It must say all timely noticed lienors are paid, or list each unpaid lienor and the amount owed.
- Hold back final payment. You must hold back the final payment until you receive that affidavit.
- You can pay the listed bills directly. After giving the contractor at least 10 days' written notice, you may pay the listed bills yourself.
- Ten days' notice before paying anyone else. Under (3)(g), before you pay any lienor other than the contractor or laborers directly, you must give the contractor at least 10 days' written notice, unless the contractor consents in writing.
- If you skip the holdback. If you do not hold back funds as the law requires, your property is exposed to all valid liens you know about.
A simple checklist for your project
- Find the lien disclosure in your contract before you sign it.
- Make sure a notice of commencement is recorded and posted before work starts.
- Save every Notice to Owner you receive.
- Ask for a written lien release from anyone who sent one before you pay a draw.
- Do not pay the final invoice until you hold the sworn affidavit.
- Keep your contract, change orders, payment records and receipts together. See change orders explained.
A made-up example of the holdback
Say a job has a final payment of $10,000 due. The contractor hands you a sworn affidavit that lists one unpaid supplier owed $1,500. Under 713.06(3)(d), you may give the contractor at least 10 days' written notice and then pay the supplier directly. Without the affidavit, you hold the final payment. If you pay in full anyway, the law says your property is exposed to all valid liens you know about, so a supplier you knew had a claim could come after the property.
The numbers are only an illustration. The point is the order: affidavit first, then pay.
Laborers and the rest of the crew
Section 713.06(2) exempts laborers from serving a Notice to Owner. That does not mean laborers have no rights, only that they do not use that notice. The final payment affidavit and your lien releases are how you track the others: trade partners and suppliers who did serve notices.
If your contractor is a licensed contractor, the contract disclosure rule in 713.015 does not apply when the owner is a contractor licensed under chapter 489. For most homeowners it does apply.
What this page does not cover
We did not cover how a lien is filed, deadlines for a lienor to file or how to remove one. If you already have a lien on your property, talk to a Florida attorney. Rules can be complicated and the deadlines are strict.
How Hildebrand handles payment and paperwork
Hildebrand Construction & Remodeling is a Florida licensed general contractor (CBC1257253). One licensed contractor runs the whole job, and plumbing and electrical are done by licensed trade partners that we manage and coordinate. The price does not change without your written approval.
Before you sign with anyone, including us, ask to walk through the payment schedule and the final affidavit. We start with a free in-home visit and a written estimate, no trip fee. See our process, the guarantee and our pricing page.
Questions homeowners ask
Can a subcontractor put a lien on my house if I paid my contractor?
Florida's lien disclosure says unpaid workers and suppliers may enforce claims against your property even if you paid the contractor in full. That is why you should get lien releases and the final affidavit.
What is a Notice to Owner?
A notice that a worker or supplier, other than a laborer, must serve under 713.06(2) before starting or within 45 days after starting. It tells you they may have a claim if unpaid.
What is the final payment affidavit?
A sworn statement the contractor gives you when final payment is due. It says all timely noticed lienors are paid, or lists each unpaid lienor and the amount owed.
Should I hold back final payment?
The law says the owner must hold back final payment until the affidavit is received.
Do these rules apply to every job?
The contract disclosure in 713.015 applies to direct contracts above $2,500 on residential property of up to four units.
Hire a contractor who explains the paperwork
Book a free in-home consultation and written estimate from a Florida licensed general contractor serving Manatee, Sarasota and south Hillsborough counties.