The Clock Is Ticking; Or Is It?

Posted: June 11th, 2025

Written By: Mark Siemer

Navigating Florida’s construction lien law can be a minefield for all parties involved. One of the most challenging aspects is determining the exact dates that trigger critical deadlines: the date when first services or materials are furnished to a project, and the date of final furnishing. These dates are not always as clear-cut as they might seem, and mistakes can cost a party its rights entirely.

The Challenge of “First Furnishing”

Florida’s lien law is strict and unforgiving. For most lienors (those not in direct contract with the property owner), a Notice to Owner must be served no later than 45 days after “first furnishing” labor, services, or materials to the project. But what exactly constitutes “first furnishing”? Typically, the law defines it as the point when labor or materials are first delivered or performed at the jobsite. That is because lien rights are rooted in the value conveyed to the property. If your work did not convey value to the property, it did not trigger your lien rights.

This can be surprisingly difficult to pinpoint. For example, the delivery of rental equipment, even if it’s not yet in use, can start the clock, while off-site activities like preparing shop drawings or selecting materials do not. The confusion is compounded for general contractors, whose “mobilization” activities often blur the line. Does the clock start when the first trailer is parked, when fencing goes up, or when actual construction work begins? Courts have generally held that the date must be tied to the actual delivery of labor or materials that contribute to the improvement of the property, but the nuances of mobilization can make this a contentious issue.

The next issue on what constitutes first furnishing is for materialmen who supply specially fabricated materials. If an item is specially fabricated for the project, lien rights can be triggered even without the item being delivered to the project. That begs two questions. First, what is a specially fabricated item and at what stage in the manufacturing process do lien rights trigger? Both questions require fact-intensive discovery that can drive the costs in the litigation.

The Elusive “Final Furnishing” and the 90-Day Deadline

Equally challenging is determining the “final furnishing” date, which marks the start of the 90-day period for recording a Claim of Lien. Under Florida law, “final furnishing” is defined as the last date labor, services, or materials are provided to the project. However, not all work counts. Routine corrective work, punch list items, or warranty repairs typically do not extend this deadline. Importantly, warranty work does not extend the lien deadline because such work is performed not for the benefit of the property, but for the benefit of the contractor to avoid a breach of contract claim. In other words, warranty work is about fulfilling contractual obligations rather than improving the property itself.

So, what happens when a contractor partially completes new work, discovers a defect in another contractor’s work and then must redo a portion of their work to correct the problem. For example, if materials were ordered the wrong size and had to be recut.

This creates significant risk. If a contractor misjudges what counts as final furnishing and relies on a punch list visit or warranty repair to extend the deadline, the lien could be deemed untimely and unenforceable. Courts have repeatedly emphasized that the law is strictly construed—missing the deadline by even a single day will invalidate the lien. 90 days seems like a long time, but it is very easy for the time to slip by because punch work is being completed, promises are being exchanged about when funds will be released, other project are ongoing and by the time you realize you haven’t been paid and have consulted a lawyer to prepare your claim of lien, a few days between final furnishing and the punch list might make a big difference in your rights. 

Conclusion

The strict interpretation of Florida’s lien law means that contractors and suppliers must be vigilant in documenting when they first and last furnish labor or materials to a project. The ambiguity surrounding general contractor mobilization and the exclusion of corrective, punch list, or warranty work from extending lien deadlines only heightens the risk. Careful recordkeeping and a conservative approach to calculating these critical dates are essential to preserving lien rights in Florida’s complex construction landscape. Otherwise, a Contractor who initiates suit could find themselves on the hook for attorney’s fees or worse.

The matters discussed here are general in nature and are not to be relied upon as legal advice. Every specific legal matter requires specific legal attention. 

The law is constantly changing and matters discussed today may not be the same tomorrow. Legal matters are also subject to different interpretations by attorneys, judges, jurors and scholars. No attorney-client relationship is intended or created as a result of matters discussed here. You should consult counsel of your choice if you have any dealings in these areas of the law. Volk Law Offices, P.A. and its attorneys make no representations or warranties with respect to the accuracy or completeness of the matters addressed.