A recorded construction lien requires a title and legal review before closing. Paying the general contractor alone does not establish that every lien right has been resolved.
Reviewed and corrected October 5, 2026. Original publication date retained.
A notice is not necessarily a recorded lien
Section 713.06 states that a notice to owner is not itself a lien or cloud on title. It sets notice requirements for covered lienors, generally before or within 45 days after furnishing starts and before the stated final-payment cutoff. Exceptions and service rules matter.
Do not invent a final-payment deadline
Section 713.06 requires the owner to retain final payment until the contractor’s affidavit has been furnished. Its five-day affidavit provision concerns a contractor instituting a lien-enforcement action, not a blanket rule that the affidavit must be delivered five days before every final payment.
A recorded lien has its own timeline
Section 713.22 generally uses one year after recording, subject to its stated provisions, for commencing enforcement. A properly recorded and served notice of contest can shorten the enforcement period to 60 days after service. Those are legal procedures, not instructions to simply wait and assume clear title.
Resolve the closing requirements in writing
Have the title professional identify the recorded claim and the required release or other acceptable resolution. Ask a Florida attorney whether settlement, litigation or another statutory procedure is appropriate. Do not rely on a generic bond calculation or an assumed interest rate.
Frequently Asked Questions
Is a notice to owner already a lien?
Not by itself under Section 713.06. Check whether a separate claim has been recorded.
Can I ignore it because I paid the contractor?
No. Obtain a title and legal review of the actual notice, claim and payment record.
Talk with our team
Contact MVP Home Group to discuss the property and the next step that fits your plans. For legal, tax, loan or insurance questions, obtain advice from the appropriate qualified professional.
About MVP Home Group
Nelson Cruz, P.A. is the Founder & CEO of MVP Home Group, brokered by Real Broker LLC. He brings nearly two decades in law enforcement to his work in real estate. Contact our team through Nelson’s profile.