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David W. Smith - Law Office of David W. Smith - October 1, 2026
For Florida homeowners, embarking on a major home improvement projectwhether a kitchen remodel, roof replacement, or adding a poolis an exciting milestone. However, failing to navigate Florida's Construction Lien Law (Chapter 713, Florida Statutes) properly can lead to a home improvement nightmare: paying twice for the exact same work.
Under Florida law, anyone who provides labor, services, or materials to permanently improve your propertyincluding direct contractors, subcontractors, sub-subcontractors, and material suppliersholds lien rights. If your primary contractor fails to pay their subcontractors or material suppliers, those unpaid parties can enforce a legal claim against your property known as a Construction Lien. If a lien is filed, your property could ultimately be sold against your will to satisfy the debt, even if you paid your primary contractor in full.
To protect your property and your financial investment, follow these three crucial protection steps during your next project:
File a Notice of Commencement (NOC)
Before starting any project costing over $2,500, you must record a Notice of Commencement with the local Clerk of Court. This document establishes the legal timeline for when liens can attach to your property and provides essential project details to all potential lienors.
Collect Lien Waivers Before Issuing Progress Payments
Whenever you make a progress payment to your contractor, require them to sign a Lien Waiver (such as Form H). This legally releases their right to claim a lien for work completed up to that payment date.
Mandate a Final Contractor Affidavit Before Final Payment
Prior to releasing the final payment, you must obtain a sworn, notarized Final Contractor Affidavit (Form I). This document lists all unpaid subcontractors and suppliers. Making a final payment without receiving this affidavit makes the payment "improper" under Florida law and exposes you to double liability.
This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your situation, contact the Law Office of David W. Smith.
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