Florida Contractor Not Paid? Notice to Owner, Claim of Lien, and Funding

Florida contractor payment fights turn on short notice clocks. Miss the Notice to Owner or the Claim of Lien recording window and the lien path can be gone even when the invoice is real.

This state pillar covers Notice to Owner, Claim of Lien, and how Darkwell funding can help carry a $10,000+ claim. City pages for Miami and Orlando remain for local search; this page is the Florida overview. We are not a Florida law firm.

Owed $10,000 or more on a Florida job? Request a free claim review.

Florida Notice to Owner and Claim of Lien

Fla. Stat. § 713.06(2)(a) requires most lienors who are not in privity with the owner (except laborers) to serve a Notice to Owner before commencing, or not later than 45 days after commencing to furnish labor, services, or materials, and in any event before the owner’s final payment after the contractor affidavit. Failure to serve it timely is a complete defense to enforcing the lien.

Fla. Stat. § 713.08(5) says the Claim of Lien may be recorded at any time during the work or thereafter, but not later than 90 days after the lienor’s final furnishing. Fla. Stat. § 713.22(1) generally limits the lien to one year after recording unless an action to enforce it is commenced within that time.

• Serve the NTO on time. Missing it can kill the lien.
• Record within 90 days after final furnishing.
• Sue within one year after recording to keep the lien alive.

City pages and this pillar

For local pages, see Miami unpaid contractor claim funding and Orlando contractor not getting paid. Do not import Colorado lien rules into Florida.

When funding helps

Florida lien fights and collection still cost money. Darkwell funding can help carry attorney and case costs on qualifying claims.

How Darkwell helps

Legal costs are often what stops a good claim. Darkwell helps carry them. On a Florida unpaid contractor claim, your Florida attorney handles filings and courtroom work.

• We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
• We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
• Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
• You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.

What to send for a claim review

• Contract and invoices
• Proof of NTO service and Claim of Lien recording, if any
• Job address and parties
• Payment history
• Demand letters
• Your Florida attorney’s contact, if you have one

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

For business claims, we fund in many U.S. states, reviewed state by state, where champerty rules and litigation funding laws allow our model. We confirm your state during review. See where Darkwell funds claims.

We review claims of $10,000 or more, subject to review and approval by our team.

Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado.

Common questions

Is Darkwell a Florida law firm? No. We are not a Florida law firm, we are not Florida-licensed attorneys, and we do not give legal advice.

What if I missed the Notice to Owner? Missing a required NTO can be a complete defense to the lien. A Florida attorney can still evaluate contract claims and other options.

Does Darkwell control my case? No. Your Florida attorney handles the case. Darkwell provides funding.

Sources

• Fla. Stat. § 713.06
• Fla. Stat. § 713.08
• Fla. Stat. § 713.22
• Darkwell: Miami unpaid contractor
• Darkwell: Orlando contractor not getting paid

Florida job unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: Tampa Contractor Not Getting Paid · Miami Unpaid Contractor · Orlando Contractor Not Getting Paid · Florida Subcontractor Not Paid · Contractor Not Getting Paid · Where We Fund