In the construction industry, payment disputes can arise even on well-managed projects. If you’re a contractor, subcontractor, or materials supplier who hasn’t been paid for your work, you may have the right to file a construction lien—a powerful legal tool that allows you to assert a claim against the property itself.
But here’s the catch: filing a lien isn’t automatic, and it’s not simple. Construction liens are highly technical, governed by strict legal requirements and deadlines. One misstep—like missing a notice deadline or filing in the wrong jurisdiction—can cost you your right to be paid.
At Lesak, Hamilton, Calhoun & Pontieri, we guide construction professionals through each step of the lien process, ensuring your rights are preserved and your claim is properly executed. Here’s what you need to know—and how we can help.
1. Send a Preliminary Notice (When Required)
Many states require contractors and suppliers to send a preliminary notice—also called a “Notice to Owner” or “Notice of Furnishing”—early in the project. This informs the property owner and general contractor that you’re working on the job and may file a lien if unpaid.
How we help:
We can draft and send your preliminary notice to ensure it complies with your state’s legal requirements. We’ll also track important deadlines for you, so you don’t miss your window to protect your lien rights.
Why it matters:
Failure to send this notice on time can eliminate your right to file a lien—even if you were never paid.
2. Send a Notice of Intent to Lien
If payment still hasn’t arrived, the next step is to send a Notice of Intent to Lien. This formal letter tells the property owner and other stakeholders that you plan to file a lien unless payment is received soon.
How we help:
We’ll prepare a properly worded notice and serve it on the correct parties. In many cases, this notice is enough to resolve the issue without needing to file the lien itself.
Strategic benefit:
Sending this notice demonstrates that you’re serious about protecting your rights—and it often encourages quick resolution.
3. File the Construction Lien
If the notice doesn’t result in payment, you’ll need to officially file your construction lien with the appropriate local agency—usually the county recorder or clerk’s office.
How we help:
We’ll prepare and file your lien with complete accuracy, ensuring that it includes:
- A valid legal description of the property
- Accurate amount due
- Description of the work/materials provided
- Proper supporting documentation
- Compliance with statutory timeframes
Why this is critical:
The time to file a lien is limited—often just 60 to 90 days after your last day on the job. We make sure your filing is done correctly and on time.
4. Enforce the Lien (If Necessary)
Sometimes, filing the lien is not enough. If the debt still goes unpaid, you may need to initiate legal action to enforce your lien rights. This may involve filing a lawsuit to foreclose on the lien and recover the debt from the sale of the property.
How we help:
As experienced construction litigation attorneys, we can file and pursue the legal action needed to enforce your lien, protect your interests in court, and negotiate favorable settlements where possible.
Why legal support matters:
Construction lien litigation can be complex, with multiple stakeholders, overlapping claims, and strict rules. We bring the legal insight and strategic planning needed to navigate the process effectively.
Why Work With Lesak, Hamilton, Calhoun & Pontieri
Navigating lien law is not something you should have to do alone. Our firm regularly represents general contractors, subcontractors, suppliers, and design professionals in lien filings, enforcement, and related disputes across Florida. We know the deadlines, we know the courts, and we know how to get you paid.
Whether you’re new to the lien process or have used it before, our construction law team offers:
- Timely and accurate filings
- Customized notices and documentation
- Lien defense and enforcement litigation
- Clear communication and responsive service
Don’t Wait—Protect Your Right to Payment Today
Every day you wait could put your lien rights at risk. Let Lesak, Hamilton, Calhoun & Pontieri take the stress out of the process and help you recover what you’re owed.
Contact us today to discuss your options and get started with your lien filing.