How to Draft and Send a Notice of Intent to Lien

If you’ve completed work on a Florida project and still haven’t been paid, you’re not alone. Contractors, subcontractors, and suppliers across the state run into payment delays that threaten cash flow and put entire businesses at risk. A Notice of Intent to Lien is one of the most effective ways to demand payment while preserving your lien rights in Florida.

At Southron Firm, P.A., we help Florida construction professionals draft and send Notices of Intent to Lien that comply with state law and actually get results. Our construction law attorneys know how stressful unpaid invoices can be—and we know how to use lien rights to make sure your work doesn’t go unpaid.

Get paid for your work—schedule your consultation now.

What is a Notice of Intent to Lien?

A Notice of Intent to Lien is a written warning sent to a property owner, contractor, or both, stating that you will file a lien on the property if you are not paid for your labor, services, or materials. It is often the final demand for payment before taking the legal step of recording a lien.

Under Florida lien law (Chapter 713, Florida Statutes), contractors, subcontractors, and material suppliers have specific rights to secure payment for their work. While Florida does not always require a Notice of Intent to Lien before filing a mechanics lien, sending one is a powerful tool. It shows the property owner that you are prepared to enforce your lien rights under the law.

Many property owners act quickly when they receive this letter. Why? Because once a lien is officially recorded, it clouds the property title, making it difficult to sell or refinance until the dispute is resolved. A Notice of Intent often motivates payment without having to move forward with the lien process.

Key points to know:

• A Notice of Intent is not the lien itself—it’s a warning notice.
• It demonstrates that you are serious about enforcing your lien rights in Florida.
• It often prompts faster payment and helps you avoid litigation.
• It preserves your right to move forward with a lien if payment still doesn’t come.

When Do You Need to Send a Notice of Intent in Florida?

Timing is everything when it comes to lien rights in Florida. If you miss a deadline or send the wrong notice, you may lose the ability to file a lien at all. That’s why understanding when to send a Notice of Intent to Lien is just as important as knowing how to send it.

Florida lien law is found in Chapter 713 of the Florida Statutes, and it lays out exact timelines for protecting your lien rights:

1. Notice to Owner (NTO): Subcontractors and suppliers must generally send a Notice to Owner within 45 days of first furnishing labor or materials.
2. Claim of Lien Deadline: A Claim of Lien must be recorded within 90 days of last furnishing labor, services, or materials.

While Florida law does not always require a Notice of Intent to Lien before filing, many contractors use it as a final step between unpaid invoices and recording the lien. Sending the notice before the 90-day deadline can preserve business relationships while still showing you’re prepared to act.

You should strongly consider sending a Notice of Intent to Lien if:

• You’ve completed work or delivered materials, but payment is overdue.
• You are approaching the 90-day lien filing deadline and need to take action fast.
• The property owner, developer, or contractor has stopped responding to invoices or calls.
• You want to create legal pressure without immediately recording a lien.

Even though Florida law doesn’t always mandate it, sending a Notice of Intent often makes the difference between waiting endlessly for payment and getting paid quickly. Property owners know that once a lien is recorded, their property title is clouded—it can’t be sold or refinanced until the lien is resolved.

By sending a notice, you:

• Put the owner and contractor on official notice of your claim.
• Increase the likelihood of voluntary payment before escalating the dispute.
• Show you are serious, but still open to resolution.

How to Draft a Notice of Intent to Lien

A Notice of Intent to Lien is more than just a letter—it’s a legal document that must be carefully drafted to comply with Florida lien law. If your notice leaves out required details or is worded incorrectly, the property owner could challenge it and you could lose your right to file a lien.

Here are the key elements that must be included:

1. Your Information: Your full name, business name, address, and contact details. This identifies you as the party making the claim.
2. Property Owner’s Information: The legal name and address of the property owner (and in some cases, the contractor). Errors here can invalidate your notice.
3. Description of Work or Materials: A clear explanation of what labor, services, or materials you provided. Be specific—vague descriptions often weaken lien claims.
4. Amount Owed: The exact unpaid balance you are claiming. This must be accurate and supported by invoices or contracts.
5. Deadline for Payment: A firm timeline for payment (commonly 10 days), showing the owner you are giving one last chance before recording the lien.
6. Statement of Intent: A clear statement that you will file a lien on the property if payment is not made by the deadline.

While these steps may sound straightforward, the reality is that Florida lien law is unforgiving. One mistake—such as misidentifying the property owner, miscalculating the amount owed, or missing a statutory deadline—can cause you to lose your lien rights entirely.

Our attorneys at Southron Firm, P.A. do more than just draft notices. We:

• Review your contracts, invoices, and project history to ensure your claim is valid.
• Prepare a Notice of Intent that meets all legal requirements under Chapter 713, Florida Statutes.
• Deliver the notice in a way that creates legal proof of service.
• Track your lien filing deadline to make sure you don’t lose your rights if payment is still not made.

We’ve helped clients across Florida recover payment quickly by sending a properly drafted Notice of Intent to Lien. In many cases, the notice itself is enough to secure payment without ever filing a lien or going to court. Property owners act fast when they realize a lien could cloud their title.

How to Send a Notice of Intent to Lien in Florida

Drafting your notice is only half the battle—how you send it is just as important. Under Florida lien law (Chapter 713, Florida Statutes), the notice must be delivered in a way that creates legal proof of service. If you can’t prove it was received, the property owner may challenge its validity and your lien rights could be at risk.

Step 1: Identify the Correct Recipients

Your notice should be sent to:

• The property owner (listed on public records or your contract).
• The general contractor (if you are a subcontractor or supplier).

Missing a recipient can make your notice ineffective.

Step 2: Choose a Legally Recognized Delivery Method

Florida law allows several methods of service. The most common are:

1. Certified Mail, Return Receipt Requested: This is the safest and most widely used method. It provides a signed record showing the notice was delivered.
2. Hand Delivery with Signed Acknowledgment: Valid if you can obtain a signature from the recipient.
3. Statutory Service: If the property owner cannot be located, Florida law provides alternate methods of service through public notice or designated representatives.

Step 3: Keep Proof of Service

Always keep copies of the notice, proof of mailing or delivery, and any receipts. If your lien is challenged later, this documentation is what protects you.

While the process may sound simple, small mistakes are common. Notices are often mailed to the wrong address, not sent to all required parties, or sent without keeping proof of delivery. These errors can destroy your lien rights.

At Southron Firm, P.A., we take the guesswork out of the lien process. Our construction law attorneys verify the correct legal property owner and contractor, ensure the notice is delivered through certified methods that provide indisputable proof of service, and maintain all necessary documentation in case your lien is ever challenged. If the notice does not result in payment, we are ready to step in immediately and file a lien to enforce your rights without delay.

What Happens After You Send a Notice of Intent to Lien?

After a Notice of Intent to Lien is delivered, the property owner or contractor will typically respond in one of three ways:

1. Payment is made: This is the most common outcome. Once the owner receives a formal notice, many choose to pay the outstanding balance rather than deal with a lien on their property. This resolves the issue quickly, avoids legal disputes, and allows you to receive your payment without further action.
2. Negotiation or partial payment: Sometimes, the property owner may not be able to pay the full amount immediately. In these cases, the notice often opens the door to negotiation, such as arranging a partial payment, installment plan, or settlement. Even if full payment isn’t made immediately, this step protects your lien rights while keeping the lines of communication open.
3. No response: If the notice is ignored, the next step is filing a mechanics lien before the statutory deadline. Under Florida lien law (Chapter 713, Florida Statutes), deadlines vary depending on your role:

• Contractors typically have 90 days from the last date of work or material delivery to file a lien.
• Subcontractors and suppliers may have shorter timelines depending on when they first provided labor or materials. Missing these deadlines can permanently forfeit your lien rights.

Sending a notice is just the first step—the timing and follow-through are critical. At Southron Firm, P.A., we help clients track all relevant deadlines to make sure you never lose your right to file a lien. If payment is not made after the notice, our attorneys prepare and record the lien properly, ensuring it complies with Florida law. In cases where the property owner still refuses to pay, we can pursue enforcement through foreclosure proceedings, giving you the best chance of recovering the full amount owed.

By combining careful drafting, proper delivery, and timely follow-up, we maximize the likelihood of a positive outcome, whether that’s prompt payment, a negotiated settlement, or successful lien enforcement.

How Our Construction Attorneys Can Help with Your Notice of Intent to Lien

Handling lien rights in Florida is not a task to take on alone. Florida lien law is complex, deadlines are strict, and even small mistakes—like sending a notice to the wrong party or missing a statutory deadline—can cost you thousands of dollars and your legal right to enforce payment. That’s why having experienced construction attorneys on your side is essential.

At Southron Firm, P.A., our team has represented contractors, subcontractors, and suppliers across Florida—from small local projects to large-scale commercial developments. We understand the pressure that unpaid invoices create, and we know how to resolve disputes efficiently while protecting your business and cash flow.

Here’s how we help clients with their Notice of Intent to Lien:

1. Drafting and Sending Notices: We prepare notices that fully comply with Florida law, ensuring they are clear, accurate, and enforceable.
2. Deadline Tracking: We monitor all statutory deadlines, so you never lose your lien rights due to missed timeframes.
3. Negotiation and Payment Recovery: Often, the notice prompts immediate payment, but if partial payment or negotiation is necessary, we handle discussions professionally to protect your interests.
4. Lien Filing and Enforcement: If the notice does not result in payment, we are ready to file and enforce a mechanics lien, including pursuing foreclosure if required, giving you the best chance of recovering what you’re owed.

Our attorneys combine deep knowledge of Florida construction law with practical experience in real-world disputes. Clients choose us because we provide comprehensive guidance, handle every step of the process, and deliver measurable results. By working with us, you gain peace of mind knowing your lien rights are fully protected and that you have a team dedicated to getting you paid.

Ensure your Notice of Intent to Lien is properly prepared and sent—call today.

Frequently Asked Questions