BITMAN O'BRIEN, PLLC
Pre-Suit Workflow
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Florida Chapter 713

Pre-Suit Attorney Workflow

Florida construction lien enforcement from intake through complaint filing and service. Select any step to expand the checklist.

Phase I
Pre-Engagement Due Diligence
01
Pull & Review Notice of Commencement - §713.13
Obtain from county clerk  ·  verify expiration  ·  extract NTO service addresses and all parties listed
▾
  • NOC obtained from county official records
  • NOC was recorded before work commenced
  • NOC has not expired (valid 1 year unless extended)
  • NTO service address identified from NOC, use this address exactly
  • Construction lender listed? If yes, NTO must also go to lender
  • All parties listed on NOC identified and noted
02
Verify Notice to Owner Compliance - §713.06
Subs & suppliers only  ·  Day 40 sent / Day 45 delivered from first furnishing  ·  correct NOC address  ·  certified mail + green card
▾
  • Is NTO required? Required for subs and suppliers. Not required if client has direct contract with owner (GC)
  • NTO sent by Day 40 from first furnishing date
  • NTO delivered by Day 45 from first furnishing date
  • NTO served on correct address from NOC
  • Sent via certified mail, receipt in file
  • Green card (PS Form 3811) signed and in file
  • NTO served on lender if listed on NOC
!
Fatal defect. No NTO when required = lien unenforceable. Decline immediately. No cure.
03
Collect Remaining Lien Documents
Recorded lien  ·  contract & change orders  ·  invoices  ·  first & last furnishing dates  ·  NTO proof of service
▾
  • Recorded lien image pulled from county clerk (not just index entry)
  • All 12 elements under §713.08 verified on lien face
  • Contract and all change orders received
  • All invoices and pay applications received
  • First furnishing date confirmed, NTO clock
  • Last furnishing date confirmed, 90-day recording clock
  • Lien recording date confirmed, 1-year suit deadline clock
  • Any dispute correspondence (texts, emails) collected
04
Property & Ownership Research
County PA: owner, homestead, address  ·  Marriage check, spouse must be named in complaint
▾
  • Owner verified via county property appraiser
  • Homestead status confirmed
  • Service address confirmed for demand letter
  • Deed pulled from county official records
  • Marriage check: individual owner? Check deed for spouse on title
  • If married, spouse identified and noted for complaint
  • If entity owner, Sunbiz pulled, signatory authority confirmed
⚠
Joint tenancy or tenancy by the entireties on the deed = spouse must be named as defendant.
05
Entity & Licensure Verification
Sunbiz.org: entity active, name exact match  ·  contractor license confirmed, unlicensed = fatal defect
▾
  • Sunbiz search completed, entity is active
  • Entity name on lien matches Sunbiz registration exactly
  • Registered agent confirmed
  • Contractor license verified at myfloridalicense.com
  • License was active at time of work
!
Fatal defect. Unlicensed contractor = lien void under §713.08(3). Decline immediately.
06
Claude Due Diligence Screening
Fatal defects  ·  validity score §713.08  ·  EV matrix  ·  NOC/NTO flags  ·  settlement demand
▾
  • All 8 fatal defect categories reviewed, none triggered
  • Lien validity score 0-10 calculated
  • Verdict card generated: Green / Yellow / Red / Hold
  • 2x2 EV matrix completed
  • Settlement demand calculated: principal + interest + §713.29 fees
  • Collection confidence: Preliminary until title search complete
07
Order Title Search
Liens  ·  mortgages  ·  judgments  ·  lis pendens  ·  bankruptcy  ·  competing liens  ·  confirms equity & all parties
▾
  • Title search ordered, $75-150, allow 24-48 hrs
  • Adequate equity confirmed after senior mortgage balances
  • Competing construction liens identified (pro-rata risk, revise EV)
  • No pending lis pendens from prior action
  • No bankruptcy filing, no automatic stay
  • Ownership on title matches lien exactly
  • All mortgage lenders identified for defendant list
♦
Viable Case?
Score + equity + title clear + NOC/NTO valid + license confirmed
▾
  • Lien valid on its face, no fatal defects
  • Property equity sufficient for recovery
  • Title search clear of blocking issues
  • NOC/NTO compliant
  • Licensure confirmed
⚠
Small lien amount is not a disqualifier. §713.29 fee awards often exceed the lien principal.
No, decline
✕
Decline Client
Letter must state exact suit deadline
▾
  • Declination letter drafted
  • Exact suit deadline date stated in letter
  • Firm's lack of further obligation noted
  • Letter sent and copy retained in file
Phase II
Engagement
08
Fee Agreement Sent & Signed
30-40% contingency on gross recovery including §713.29  ·  calendar suit deadline immediately  ·  alerts set  ·  conflict check
▾
  • Fee agreement includes lien amount, property description, suit deadline
  • Contingency applies to gross recovery including §713.29 fees
  • Scope, termination rights, and client obligations included
  • Sent via e-signature (Xodo or DocuSign), same day
  • Conflict check completed
  • Suit deadline calendared, day agreement is signed
  • Deadline alerts set: 90 / 60 / 30 / 14 days with escalating recipients
  • Case opened in SharePoint tracker
Phase III
Demand Letter
09
Draft Demand Letter
Three components, always all three: Principal + Interest + §713.29 attorney fees  ·  name owner and spouse if married
▾
  • Principal, unpaid lien amount stated
  • Interest, contract rate, or Florida statutory rate from last furnishing date
  • Attorney fees, estimated to date + projected through trial
  • Total demand calculated and stated
  • Owner named, and spouse if married
  • All parties with recorded interest named
  • 15-day response deadline stated
10
Serve via Certified Mail
All parties with recorded interest  ·  15-day deadline  ·  retain green cards  ·  document delivery dates
▾
  • Sent to owner (and spouse if applicable)
  • Sent to all mortgage lenders of record
  • Sent to any other parties identified in title search
  • Certified mail receipts retained in file
  • Green cards retained in file upon return
  • Delivery dates logged, 15-day deadline tracked
♦
Response Received?
Acceptable offer? If no or unacceptable, proceed to pre-filing
▾
  • Response reviewed within 15-day window
  • If low offer, counter with fully loaded demand + projected trial fees
  • If no response, proceed directly to pre-filing
  • Consider 2nd demand with draft complaint before filing
Yes, settle
✓
Case Resolved
Negotiate  ·  collect  ·  Satisfaction of Lien
▾
  • Settlement memorialized in writing
  • Release conditioned on cleared funds
  • Satisfaction of Lien filed upon payment
Phase IV
Pre-Filing Preparation
11
Contractor's Final Payment Affidavit Mandatory
§713.06(3)(d)  ·  Required if client had direct contract with owner  ·  Serve at least 5 days before filing
▾
  • Required? Yes if client held direct contract with owner. Subs generally exempt.
  • Affidavit lists all subs, materialmen, and suppliers who served NTOs
  • Sworn and executed by client
  • Served on owner, at least 5 days before filing
  • Delivery date tracked against intended filing date
  • Proof of service retained in file
!
Miss this = court may dismiss the foreclosure and deny §713.29 fees. No cure after filing. Must re-serve and wait 5 days.
12
Identify All Defendants
Owner & spouse  ·  mortgage lenders  ·  competing lienors  ·  HOA if applicable
▾
  • Property owner named
  • Spouse named (if married and holds title interest or homestead)
  • All mortgage lenders of record named
  • Competing construction lienors named (pro-rata adjudication)
  • HOA named (if recorded HOA lien exists)
  • Defendant list cross-checked against title search
13
Second Demand Letter Optional
Attach draft complaint  ·  state specific filing date  ·  many cases settle here
▾
  • Draft complaint attached to letter
  • Specific filing date stated: "We will file on [date] unless resolved"
  • Sent to all parties, certified mail
  • Response window monitored before filing date
14
Draft Complaint + Prepare Lis Pendens
Exact legal description confirmed  ·  all defendants verified  ·  lis pendens ready to record
▾
  • Complaint for foreclosure of construction lien drafted
  • Legal description copied verbatim from county deed records
  • All defendants named and confirmed
  • Lis pendens document drafted, needs case number before recording
  • Filing county confirmed, county where property is located
Phase V
File Suit
15
File Complaint + Record Lis Pendens
Circuit court in property's county  ·  record lis pendens same day, clouds title, forces action
▾
  • Complaint filed in circuit court, correct county
  • Case number received from clerk
  • Lis pendens recorded in county official records, same day
  • Filed date and case number entered in SharePoint tracker
  • Assigned judge noted
⚠
Lis pendens clouds title immediately, owner cannot sell or refinance. This drives most settlements within 60-90 days.
16
Serve All Defendants
All named parties  ·  proof of service for each  ·  20-day response period begins
▾
  • Correct registered agent and service method confirmed for each defendant
  • Process server dispatched to all defendants
  • Proof of service obtained for each party
  • 20-day response deadline tracked per defendant
  • Service dates logged in SharePoint tracker

Active litigation, the majority of matters settle at this stage

Lis pendens on record  ·  §713.29 fees accruing  ·  negotiate from a position of strength