Internal Reference - Chapter 713 Enforcement

Pre-Suit Attorney Workflow

Florida construction lien enforcement from intake through complaint filing and service.

Select any step to expand checklist.

Phase I

Pre-Engagement Due Diligence

Pull & Review Notice of Commencement - §713.13

Obtain from county clerk · verify expiration · extract NTO service addresses and all parties listed

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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

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

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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.

Collect Remaining Lien Documents

Recorded lien · contract & change orders · invoices · first & last furnishing dates · NTO proof of service

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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

Property & Ownership Research

County PA: owner, homestead, address · Marriage check, spouse must be named in complaint

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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.

Entity & Licensure Verification

Sunbiz.org: entity active, name exact match · contractor license confirmed, unlicensed = fatal defect

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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.

Claude Due Diligence Screening

Fatal defects · validity score §713.08 · EV matrix · NOC/NTO flags · settlement demand

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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

Order Title Search

Liens · mortgages · judgments · lis pendens · bankruptcy · competing liens · confirms equity & all parties

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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

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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

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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

Fee Agreement Sent & Signed

30-40% contingency on gross recovery including §713.29 · calendar suit deadline immediately · alerts set · conflict check

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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

Draft Demand Letter

Three components, always all three: Principal + Interest + §713.29 attorney fees · name owner and spouse if married

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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

Serve via Certified Mail

All parties with recorded interest · 15-day deadline · retain green cards · document delivery dates

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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

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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

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Settlement memorialized in writing
Release conditioned on cleared funds
Satisfaction of Lien filed upon payment

Phase IV

Pre-Filing Preparation

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

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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.

Identify All Defendants

Owner & spouse · mortgage lenders · competing lienors · HOA if applicable

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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

Second Demand Letter Optional

Attach draft complaint · state specific filing date · many cases settle here

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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

Draft Complaint + Prepare Lis Pendens

Exact legal description confirmed · all defendants verified · lis pendens ready to record

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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

File Complaint + Record Lis Pendens

Circuit court in property's county · record lis pendens same day, clouds title, forces action

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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

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Lis pendens clouds title immediately, owner cannot sell or refinance. This drives most settlements within 60-90 days.

Serve All Defendants

All named parties · proof of service for each · 20-day response period begins

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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