Florida Construction Attorney — Find a Lien & Payment Lawyer (2026)
When Florida Contractors Need a Construction Attorney
Florida contractors should consult a construction attorney when (1) a payment dispute exceeds $25,000, (2) the 45-day Notice to Owner window or 90-day Claim of Lien deadline is approaching, (3) an owner records a Notice of Contest of Lien shortening enforcement to 60 days under Fla. Stat. § 713.22, (4) a payment bond claim is required on a public project under § 255.05, or (5) the dispute involves Florida's residential lien rules under § 713.015.
What Florida Construction Attorneys Do
Florida construction attorneys handle the full Chapter 713 workflow plus public-project bond claims under § 255.05 — drafting and recording Claims of Lien, preparing 45-day Notices to Owner, defending against owner Notices of Contest, filing Florida lien foreclosure suits in Circuit Court, negotiating lien payoffs and settlements, reviewing construction contracts before signing, and prosecuting/defending Construction Lien Law claims in arbitration.
How to Find a Vetted Florida Construction Attorney
Three reliable paths: (1) the Florida Bar Lawyer Referral Service at floridabar.org, (2) the Florida Bar Construction Law board certification list — attorneys formally certified as construction-law specialists, and (3) the Mechanics Lien Management attorney network filtered by county, claim size, and matter type. Match attorney to claim size and complexity — a $30,000 unpaid invoice does not need a $700/hour partner.
Florida Construction Attorney Fees
Hourly rates trend higher in Miami and Fort Lauderdale ($300-$650 for senior partners) than in Tampa, Orlando, and Jacksonville. Flat fees for a single Claim of Lien run $350-$1,200. Contingency arrangements (25%-40%) are common on liquid, well-documented collection cases. Initial consultations are typically free. Fla. Stat. § 713.29 entitles the prevailing party in a lien enforcement action to a reasonable attorney fee award — shifting the economics on Florida lien matters.
Florida-Specific Construction Law Issues
Florida is a Notice of Commencement state under § 713.13 but also imposes a strict 45-day Notice to Owner under § 713.06 — most NOC states do one or the other. Other Florida-specific issues include the 60-day post-Notice-of-Contest enforcement window under § 713.22, residential disclosure requirements under § 713.015, fraudulent lien penalties under § 713.31 (compensatory damages, punitive damages, attorneys' fees), and the Little Miller Act bond claim system under § 255.05 for public projects.
Hal Emalfarb's Florida Network
Mechanics Lien Management is anchored by Hal A. Emalfarb, Esq. — founding partner of Emalfarb, Swan and Bain, an Illinois construction litigation firm. Hal is licensed in Illinois only. For Florida matters, Hal partners with vetted Florida construction attorneys through the Mechanics Lien Management network — including Florida Bar Construction Law board-certified attorneys in Miami-Dade, Broward, Hillsborough, Orange, and Duval counties.
Frequently Asked Questions
When does a Florida contractor need a construction attorney?
When a payment dispute exceeds $25,000, when a 45-day NTO or 90-day Claim of Lien deadline is approaching, when an owner records a Notice of Contest of Lien shortening enforcement to 60 days under § 713.22, when a public-project bond claim is required under § 255.05, or when the dispute involves Florida's residential lien rules under § 713.015.
How much does a Florida construction attorney cost?
Hourly rates run $250-$450 in most Florida markets, with senior partners at construction-focused firms charging $300-$650. Flat fees for a single Claim of Lien run $350-$1,200. Contingency arrangements (25%-40%) are common on liquid collection cases. Initial consultations are typically free.
What is unique about Florida construction lien law?
Florida is a Notice of Commencement state under § 713.13 and also imposes a strict 45-day Notice to Owner under § 713.06 — most states do one or the other. Florida also has a uniquely short 60-day post-contest enforcement window, complex residential rules under § 713.015, and one of the country's most-developed Little Miller Act systems under § 255.05.
How do I find a vetted Florida construction attorney?
Three paths: the Florida Bar Lawyer Referral Service at floridabar.org, the Florida Bar Construction Law board certification list, and the Mechanics Lien Management attorney network filtered by county, claim size, and matter type.
Can a Florida construction attorney work on contingency?
Yes, when the underlying debt is liquid and well-documented, the lien has been timely recorded under § 713.08, and the property has equity. Typical contingency rates are 25%-40%. Hybrid fee arrangements — reduced hourly plus contingency above a baseline — are also common.