Construction Lien Foreclosures in Boca Raton: What Property Owners and Contractors Should Know
A payment dispute on a construction project can quickly escalate into a serious legal issue. When a contractor, subcontractor, or supplier is not paid, they may record a construction lien against the property. If that lien goes unresolved, it can escalate into a full foreclosure action.
For property owners and construction professionals in South Florida, understanding how this process works can make a significant difference. Our Boca Raton construction litigation lawyer explains what a lien foreclosure involves and how to protect your rights before the situation gets worse.
How a Florida Construction Lien Becomes a Foreclosure Case
A construction lien does not automatically lead to foreclosure. Specific steps must occur first, and under Chapter 713 of the Florida Statutes, strict deadlines govern every one of them.
Under Florida law, a lien claim must be recorded within 90 days of the last date labor, services, or materials were furnished. Once recorded, you generally have one year to file suit to foreclose the lien; if not, it expires and becomes unenforceable. However, if a property owner records and serves a Notice of Contest of Lien, that window shrinks to just 60 days from the date of service.
The foreclosure process typically involves these steps:
- Recording a valid Claim of Lien within the statutory timeframe.
- Providing proper preliminary notice, depending on the party’s role in the project.
- Attempting payment resolution through negotiation or demand.
- Filing a foreclosure lawsuit if the dispute is not resolved.
- Serving all necessary parties, including owners and other lienholders.
- Litigating the claim through settlement or a court judgment.
Missing any deadline or failing to meet a statutory requirement can invalidate the lien or the foreclosure action itself.
What Is at Stake for Both Sides of a Lien Foreclosure
According to a 2025 Businesswire report, 70 percent of general contractors experienced work delays or stoppages due to delayed payments in 2023. These delays often set the stage for lien disputes.
When those disputes escalate to foreclosure, the risks for property owners include:
- Forced sale of the property.
- Clouded title, preventing a sale, refinance, or new development.
- Priority disputes involving mortgages or other recorded liens.
- Legal fees and costs, which Florida law allows the prevailing party to recover.
For contractors and suppliers, the risks are equally serious. A procedural misstep, such as an overstated lien amount or a missed notice requirement, can expose them to a fraudulent lien claim and shift attorney’s fees to the lienor.
Contact Our Experienced Boca Raton Construction Litigation Lawyers
Whether you are enforcing a lien or defending against one, early evaluation of the claim matters. Neuman Law, P.A., helps property owners challenge improper liens, negotiate settlements, and seek lien discharges. We also help contractors and suppliers throughout South Florida ensure their claims meet Florida’s strict statutory requirements.
To request a consultation with our experienced Boca Raton construction litigation lawyers, call or contact us online today. We serve clients in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html
businesswire.com/news/home/20250521182315/en/Constructions-Cash-Crunch-70-of-Contractors-Say-Payment-Delays-Threaten-Industry
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.22.html