Commercial Lease Attorney for Miami-Dade Business Owners

Business Lien Dispute Attorney Miami-Dade | KEW Legal

Florida’s lien rules are technical, and some time limits are short. This page explains the basics for Miami-Dade business owners and investors. It also shows how KEW Legal handles these matters alongside business contract, vendor, and commercial real estate work. This is general information, not legal advice for your situation.

What a Construction Lien Dispute Is and Who It Affects

A construction lien dispute is an argument over a claim against real property for labor, services, or materials used to improve it. Several people can be involved:

• Contractors hired by the property owner.
• Subcontractors and suppliers who worked for a contractor.
• Property owners who receive a recorded claim and must respond.
• Lenders and buyers who have an interest in the property.

Disputes run both ways. A vendor may be unpaid. The Pinellas County lien law guide describes subcontractor and supplier lien claims, lien releases, and notices of commencement.

These guides explain Florida-wide lien mechanics, not Miami-Dade court rules. For owners and investors in Miami-Dade and South Florida, the issue often lands on a commercial project, a lease, or an investment property.

Can a Construction Lien Help Collect an Unpaid Invoice?

An unpaid invoice is a payment claim against the party that owes it. A lien claim is a different tool tied to real estate. Both may matter when a project goes unpaid. Whether a specific invoice supports a lien turns on several facts:

• Who signed the contract with the owner?
• What labor, services, or materials were furnished, and to which property?
• Were the required notices given, and on time?
• Does the contract include a fee or payment clause?

Time limits matter too.

A contract can’t shorten that window. Under Fla. Stat. § 95.03, a contract term that sets a shorter time to sue than the statute allows is void.

What Makes a Construction Lien Open to Challenge?

Those rules are technical, so a careful review matters.

Reviews of a lien often look at:

• Whether the required notices were given, and when.
• Whether the property description and owner names are correct.
• Whether the claimant actually furnished labor, services, or materials to that property.
• Whether a notice of commencement and any lien releases were handled properly.
• Whether the claim was recorded within the time the law allows.

Owners should not assume a lien is invalid just because it has an error. Each point depends on the facts. The Pinellas County guide also describes precautions owners can take to avoid paying twice.

How to Respond to a Lien Dispute: Steps and Timing

Start by gathering the documents and listing the dates. Time limits may already be running.

1. Collect the recorded claim, contracts or purchase orders, invoices, payment records, and any notices or lien releases.
2. List every key date, including when work ended and when the claim was recorded.
3. Identify which time limits may apply, and confirm which ones have passed.
4. Weigh the options: a challenge based on defects, a payment or offset position, a negotiated release, or a lawsuit.
5. If the matter goes forward, the court calendar and the facts set the timeline.

Payments and arbitration can change the clock. Under Fla. Stat. § 95.051, the time limit is tolled, meaning paused, when someone pays part of a debt owed under a written instrument. It is also paused while an arbitration over the same dispute is pending.

Verbal deals need care. Florida’s Third District Court of Appeal has stated that a meeting of the minds on all essential elements is a prerequisite to an enforceable contract, as shown in the opinion. In the court’s opinion, the court explained that where parties continue to negotiate essential terms of an agreement, there can be no meeting of the minds. Put any payment plan in writing, with the essential terms agreed.

Lien Disputes in the Miami-Dade Commercial Context

Lien disputes on commercial property often surface during a sale, a refinancing, or a lease negotiation. A lien can affect more than the construction budget.

A lawsuit tied to a property can be recorded as a notice of lis pendens. Under Fla. Stat. § 48.23, the notice takes effect only if it is recorded in the county where the property sits. It generally expires after one year. The exceptions include actions founded on a recorded instrument or a construction lien claim, and cases where a court extends the time. Under Fla. Stat. § 48.23(1)(d), except for persons in possession or easements of use, a recorded notice of lis pendens bars enforcement against the described property of all interests and liens unrecorded when the notice was recorded, unless the holder moves to intervene within 30 days after recording and the court ultimately grants the motion; under § 48.23(2), the notice is not effectual beyond 1 year from the commencement of the action unless the relief sought is founded on a duly recorded instrument or a chapter 713 lien, or the court extends the time for good cause.

Venue matters as well. Under Fla. Stat. § 47.011, actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located, although this section does not apply to actions against nonresidents. That section does not apply to actions against nonresidents. Owners who live outside Florida should review how these rules affect them early.

KEW Legal’s business work covers outside general counsel, business contract and vendor disputes, commercial leases, and real estate investment. A lien question often sits inside one of those matters.

How KEW Legal Handles a Lien Dispute With You

KEW Legal starts with a free, confidential initial consultation, with no obligation to continue. During that first conversation, the firm reviews the claim, the key dates, and the documents you already have. Bring what you have:

• The recorded claim or any notice you received
• The contract, purchase orders, and invoices
• Payment records, lien releases, and related emails

After the review, the firm explains the options and the dates that matter. Business owners and property owners can also use the firm as outside general counsel, with ongoing advice rather than a single filing.

Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is another lawyer at the firm. Our team works from offices in Coral Gables and Sunny Isles Beach. You can reach the firm through its contact page or by calling 305-990-2300.

This page is general information. It is not legal advice for your specific situation.

Frequently Asked Questions About Construction Liens in Miami-Dade

Short answers to common questions are below.

Construction lien questions to consider