In short
- Florida's construction lien law (Chapter 713) lets unpaid subcontractors and suppliers claim a lien on your property, even if you paid your builder.
- The owner records a notice of commencement before work starts. Only the owner can sign it, and the clerk's office records it.
- Before final payment, get the builder's sworn final payment affidavit listing anyone unpaid, plus written lien releases.
- The farm-building permit exemption does not switch off lien law. Chapter 713 is about payment, not building codes.
On this page
Most horse barn lien trouble in Florida starts with one gap: the owner pays the builder, but the builder does not pay the lumber yard or the electrician. This guide explains the paperwork behind our advice to "ask about liens." We are a referral service, not a law firm or a builder, and this is general information, not legal advice.
Why you can pay your builder and still owe
You hire one builder. That builder may hire framers, concrete, electrical and a supplier for steel or lumber. Those companies have no contract with you, but Florida law gives many of them a way to claim a lien on the property if the builder does not pay them.
Paperwork done well
- Notice of commencement recorded and posted
- Payments tied to finished stages
- Lien releases collected as you pay
- Final affidavit in hand before last check
Paperwork skipped
- Unknown subs and suppliers
- Payments made on a handshake
- A supplier's claim shows up after the barn is finished
- Risk of paying twice for the same materials
Not the same as the permit rule: a farm barn may be exempt from building permits under Florida Statute 604.50, as explained in our Marion County permit guide. That exemption does not remove lien law.
The paper trail, in order
- Owner records a notice of commencement
Florida Statute 713.13 puts this on the owner, before work begins, with the clerk's office, and a copy is posted at the site. It names the property, the work, the owner, the contractor, any lender and any payment bond. Only the owner may sign it.
- Subs and suppliers send notices to owner
A company without a contract with you generally must serve a notice to owner before starting or within 45 days after starting (section 713.06). Keep every one you get.
- You pay in stages and collect releases
Before paying, the owner must pay lienors who have given notice, or prorate if funds fall short. Ask for a written release from each company paid.
- Builder gives a final payment affidavit
When final payment is due, the contractor must give a sworn affidavit saying whether everyone who served notice has been paid, and listing any who are not. The owner must hold the final payment until it arrives.
- If someone is unpaid: claim of lien
A lienor may record a claim of lien up to 90 days after final furnishing of work or materials (section 713.08).
What the notice of commencement does
| Question | What the statute says |
|---|---|
| Who signs? | The owner. No one else may sign in the owner's place, though an authorized agent can record it. |
| Where is it filed? | With the clerk of court, then a copy is posted at the site. |
| How long is it good? | One year after recording unless it says otherwise. Longer jobs need a longer period or an amendment. |
| What if work does not start? | It is void if work does not begin within 90 days of recording. |
| Is it needed for a small job? | Contracts of $2,500 or less are exempt from most of the lien law (713.02(5)). Ask a Florida attorney how this applies. |
Marion County's Clerk of Court handles Official Records recording in Ocala. Phone numbers vary between clerk pages, so confirm the office and any fee before you go.
How a lien ends
A lien that is never enforced does not last forever. Under section 713.22 it expires one year after the claim is recorded unless the lienor files a lawsuit to enforce it. An owner can speed that up by recording a notice of contest of lien, which gives the lienor 60 days after service to sue or lose the lien. Use an attorney for that step.
Saves money: ask your builder up front for a list of every subcontractor and supplier on the job, and request each one's release as they are paid.
Questions to ask before you sign
- Who records the notice of commencement, and when, relative to the start date?
- Will you list every sub and supplier before work starts?
- Do you pay suppliers directly, and can I see proof before each draw?
- Will you provide written lien releases with each payment?
- Will you give me the sworn final payment affidavit before the last payment?
- Is a payment bond available, and what does it cost?
- If a lender is involved, what do they require at each draw?
- Has a lien ever been filed against a job of yours?
Pair this with our quote comparison worksheet and the guide to choosing a builder. For loan draws, see horse barn financing. To meet independent local builders, use the form below.
Official sources
- Florida Statutes 713.13: Notice of commencement
- Florida Statutes 713.06: Liens of persons not in privity; proper payments
- Florida Statutes 713.08: Claim of lien
- Florida Statutes 713.22: Duration of lien
- Florida Statutes 713.02: Types of lienors and exemptions
- Marion County Clerk: Official Records recording
Statutes are amended, so confirm current wording and talk to a Florida attorney before relying on this page. We are a referral service, not a contractor or law firm; each company is responsible for its own work, licensing and payments.
Frequently asked questions
Can I be charged twice for my barn in Florida?
It can happen. The statutory notice of commencement form warns that failing to record one may result in paying twice for improvements to your property. Under Florida Statute 713.06, an owner who pays a contractor while ignoring notices from subs or suppliers may still face their claims. Follow the steps on this page and talk to a Florida attorney about your contract.
Do I have to record a notice of commencement for a barn?
Florida Statute 713.13 puts the duty on the owner, before work starts, unless the job is exempt under section 713.02(5), which covers improvements with a direct contract price of $2,500 or less. Separately, the permit office may want a copy for contracts over $5,000. If your barn is permit-exempt as a farm building, the lien rules can still apply. Confirm with a Florida attorney or the Marion County Clerk.
Does the farm-building permit exemption cancel lien law?
No. The permit exemption (Florida Statute 604.50) is about building codes and fees. Construction lien law is Chapter 713, which is about payment and property claims. They are separate.
What is a notice to owner?
A letter a subcontractor or supplier who has no contract with you sends to claim they are part of your project. Under Florida Statute 713.06 it must be served before they start or within 45 days after they begin, or they generally lose the right to lien. Laborers are excluded from this requirement.
How long does a lien last?
Under Florida Statute 713.22 a lien expires one year after the claim of lien is recorded unless the lienor files a lawsuit to enforce it within that year. An owner can shorten the time by recording a notice of contest of lien, which gives the lienor 60 days after service to sue.
Does Florida's 10 percent deposit rule protect me on a barn?
Probably not. Florida Statute 489.126 is written for residential real property. See our guide to choosing a horse barn builder.