Miami Construction Attorney — Find a Mechanics Lien & Payment Lawyer (2026)
✓ Verified against state statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
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When Does a Miami Contractor Need a Construction Attorney?
Florida runs its mechanics lien discipline on a Notice to Owner that starts at first furnishing, punishes an exaggerated lien harder than almost any state, and layers on a licensing gate most Texas contractors have never seen. The situations that warrant counsel: a missed or misdirected 45-day Notice to Owner under § 713.06(2)(a), whose failure is a complete defense; a close 90-day recording deadline or an uncertain final-furnishing date under § 713.08, where warranty and corrective work do not extend the clock; a contractor about to sue without the § 713.06(3)(d) Final Payment Affidavit; an owner's § 713.22(2) Notice of Contest cutting the foreclosure window to 60 days or a § 713.21(4) show-cause summons cutting it to 20 days; a § 713.31 fraudulent-lien threat over an allegedly exaggerated amount; the tri-county filing problem across Miami-Dade, Broward, and Palm Beach; a condominium or SB 4-D recertification owner-identity question under Chapter 718; and a § 489.128 contractor-licensing question that can bar the lien. As a rough threshold, a documented payment dispute above roughly $25,000 justifies counsel on economics alone.
What Miami Construction Attorneys Do
On the claimant side, a Miami construction attorney serves the 45-day Notice to Owner on the correct owner from the recorded Notice of Commencement; fixes the final-furnishing date; drafts a § 713.08 Claim of Lien with a legally sufficient property description and the required Notice to Owner data; records it with the correct county recorder among the three South Florida counties; serves the 15-day owner copy; prepares the § 713.06(3)(d) Contractor's Final Payment Affidavit for an original contractor before suit; commences the § 713.22 foreclosure in the Circuit Court for Miami-Dade County; and pursues the § 255.05 payment bond on public work. On the defense side — because the same firms sit on both sides — the attorney attacks a facially invalid lien, records a § 713.22(2) Notice of Contest to force a 60-day suit, serves a § 713.21(4) show-cause summons, transfers the lien to a § 713.24 security bond so a closing or a construction loan can fund, and presses the § 713.31 fraudulent-lien defense and § 489.128 licensure defenses that can void a lien entirely. The lien is not the whole toolkit: counsel will also weigh a Florida Prompt Payment Act claim, a breach-of-contract action, a § 255.05 public-works bond claim, and on federal work a Miller Act claim under 40 U.S.C. § 3131 et seq.
How to Find a Vetted Miami Construction Attorney
There are four reliable paths, and the important filter is not firm size but mechanics-lien repetition — a general commercial litigator who takes a lien case occasionally will miss the 45-day Notice to Owner or misjudge the § 713.31 fraudulent-lien line. First, the Dade County Bar Association lawyer referral service, which screens attorneys by practice area and covers the Miami-Dade core. Second, The Florida Bar and its Board Certified Construction Law credential, which identify attorneys with a formal construction-law specialization — a meaningful filter, because Florida Board Certification in Construction Law is a credential most states do not offer. Third, the surrounding county bar associations: the Broward County Bar Association and the Palm Beach County Bar Association maintain referral services, useful because the South Florida market crosses several county recorders and circuit courts. Fourth, the Mechanics Lien Management attorney network, which connects contractors with vetted licensed Florida construction attorneys filtered by county, claim size, and matter type. What to ask on the call: How many mechanics lien foreclosures have you taken through the Circuit Court for Miami-Dade County? Do you routinely serve the 45-day Notice to Owner and calendar the 90-day recording deadline? Have you defended a § 713.31 fraudulent-lien claim? Do you handle condominium and SB 4-D recertification liens? Do you handle § 255.05 public-works bond claims? Which of the three county recorders do you file with regularly?
Construction Attorney Fees in Miami
Miami rates sit near the top of the Florida market — below New York and Los Angeles but above smaller Florida metros — and vary by firm size and submarket. Senior partners at established firms with construction groups run roughly $375–$750 per hour, and associates who handle most day-to-day Notices to Owner, Claim of Lien recording, and motion work run $250–$475. Flat fees for preparing and serving a Notice to Owner, or for preparing and recording a single Claim of Lien, commonly run $400–$1,500. Contingency arrangements of 25%–40% are common on liquid collection cases where the debt is documented and the owner is solvent. A contested lien foreclosure in the Circuit Court for Miami-Dade County, or defending a § 713.31 fraudulent-lien counterclaim, runs into substantial hourly time. Initial consultations are often complimentary or charged as a flat scoping fee. These are market ranges, not quotes. The economics of a Miami lien are lopsided in the claimant's favor at the front end: the county recording fee is roughly $10–$35 all-in. The expense arrives only if the claim is contested — and the single most expensive mistakes are not hiring counsel but missing the 45-day Notice to Owner or drawing a § 713.31 fraudulent-lien counterclaim by over-stating the amount, either of which can extinguish the lien and, in the second case, leave the claimant owing the owner.
Miami-Specific Construction Law Issues
Five things distinguish Miami construction practice. First, Florida is a recording state and the South Florida market spans three counties — Miami-Dade, Broward, and Palm Beach — each with its own recording office, so a lien recorded in the wrong county perfects nothing; the City of Miami records with the Miami-Dade County Clerk of the Court and Comptroller, and foreclosure venue follows the property into the Circuit Court for Miami-Dade County. Second, the 45-day Notice to Owner under § 713.06 is a precondition that runs from first furnishing for any non-privity lienor, and failure to serve it on time is a complete defense — the single most common reason a Miami sub's lien fails. Third, Florida's § 713.31 fraudulent-lien statute is aggressive: a willfully exaggerated lien is void in its entirety, exposes the lienor to damages and attorney's fees, and is a third-degree felony, so over-claiming is uniquely dangerous. Fourth, unlike Texas, Florida requires contractor licensing through the Construction Industry Licensing Board under Chapter 489, and § 489.128 makes an unlicensed contractor's contract unenforceable, barring the lien. Fifth, Miami-Dade's condominium market — amplified by the post-Surfside SB 4-D milestone-inspection and structural-reserve requirements — drives recertification and restoration work where the owner for the Notice to Owner may be the association on common elements or the unit owner inside a unit under Chapter 718. Public work is a different statute: no lien attaches to City of Miami, Miami-Dade County, M-DCPS, MIA, or PortMiami property, and the remedy is a § 255.05 payment bond claim, with a federal Miller Act claim on federal projects.
Michael Evan's Network in Florida
Mechanics Lien Management is a software platform, not a law firm — its founder, Michael Evan, is not an attorney, and it does not practice law in Florida. For a Miami matter, Mechanics Lien Management connects contractors, subcontractors, and suppliers with vetted licensed Florida construction attorneys through its network, filtered by county, claim size, and matter type.. Any Miami Notice to Owner, Claim of Lien, Contractor's Final Payment Affidavit, § 713.22 foreclosure, § 713.31 fraudulent-lien defense, or § 255.05 public-works claim must be handled by an attorney admitted in Florida. If your project is in Illinois rather than Florida, the network's Illinois counsel handles Cook County matters directly. On federal projects in Miami, the remedy is a payment bond claim under the federal Miller Act, 40 U.S.C. § 3131 et seq.
Frequently Asked Questions
When does a Miami contractor need a construction attorney?
When the 45-day Notice to Owner was missed, served late, or served on the wrong party — because for a non-privity lienor that notice is a precondition to any lien and its failure is a complete defense under § 713.06. Also when the 90-day Claim of Lien recording deadline under § 713.08 is close and the final-furnishing date is uncertain; when an original contractor is about to sue and has not served the § 713.06(3)(d) Final Payment Affidavit; when an owner records a § 713.22(2) Notice of Contest cutting the foreclosure window to 60 days, or serves a § 713.21(4) show-cause summons cutting it to 20 days; when an owner threatens a § 713.31 fraudulent-lien counterclaim; when a condominium recertification job raises the owner-identity question; when a § 489.128 licensure issue could bar the lien; or when a job spans several of the three South Florida counties. A § 255.05 public-works bond matter or a dispute above roughly $25,000 also justifies counsel.
How much does a Miami construction attorney cost?
Rates vary by firm size and submarket. Senior partners at established firms with construction groups run roughly $375–$750 per hour, and associates $250–$475. Flat fees for preparing and serving a Notice to Owner, or preparing and recording a Claim of Lien, commonly run $400–$1,500. Contingency arrangements of 25%–40% are common on liquid collection cases where the debt is documented and the owner is solvent. A contested lien foreclosure in the Circuit Court for Miami-Dade County, or defending a § 713.31 fraudulent-lien counterclaim, runs into substantial hourly time. Initial consultations are often complimentary or a flat scoping fee. Miami rates generally sit near the top of the Florida market, below New York and Los Angeles but above smaller Florida metros. Confirm current rates directly with the attorney — these are market ranges, not quotes.
How do I find a vetted Miami construction attorney?
Four reliable paths. First, the Dade County Bar Association lawyer referral service, which screens by practice area and covers the Miami-Dade core. Second, The Florida Bar and its Board Certified Construction Law credential, which identify attorneys with a formal construction-law specialization — a meaningful filter, because Florida offers Board Certification in Construction Law that most states do not. Third, the surrounding county bar associations — the Broward County Bar Association and the Palm Beach County Bar Association — useful because the South Florida market crosses several county recorders and circuit courts. Fourth, the Mechanics Lien Management attorney network, which connects contractors with vetted licensed Florida construction attorneys filtered by county, claim size, and matter type. Ask how many mechanics lien foreclosures the attorney has taken through the Circuit Court for Miami-Dade County, whether they serve the 45-day Notice to Owner and calendar the 90-day recording deadline, whether they defend § 713.31 fraudulent-lien claims, and whether they handle condominium and § 255.05 public-works bond claims.
Does Michael Evan practice in Florida?
No — Mechanics Lien Management is a software platform, not a law firm. Its founder, Michael Evan, is not an attorney, and legal work is handled by licensed Florida construction attorneys in the platform's network. For a Miami matter, Mechanics Lien Management connects contractors with vetted licensed Florida construction attorneys through its attorney network. Any Miami Notice to Owner, Claim of Lien, Contractor's Final Payment Affidavit, § 713.22 foreclosure, § 713.31 fraudulent-lien defense, or § 255.05 public-works claim must be handled by an attorney admitted in Florida.
What does a Miami construction attorney actually do?
On the claimant side: serving the 45-day Notice to Owner on the correct owner from the recorded Notice of Commencement; fixing the final-furnishing date; drafting a § 713.08 Claim of Lien with a legally sufficient property description and the required Notice to Owner data; recording it with the correct county recorder among the three South Florida counties; serving the 15-day owner copy; preparing the Contractor's Final Payment Affidavit for an original contractor before suit; commencing the § 713.22 foreclosure in the Circuit Court for Miami-Dade County; and pursuing the § 255.05 payment bond on public work. On the defense side: attacking a facially invalid lien, recording a § 713.22(2) Notice of Contest to force a 60-day suit, serving a § 713.21(4) show-cause summons, transferring the lien to a § 713.24 security bond so a sale or closing can proceed, and raising the § 713.31 fraudulent-lien defense and § 489.128 licensure defenses that can void a lien entirely. Counsel will also weigh a Florida Prompt Payment Act claim and, on federal work, a Miller Act claim.
What is unique about construction law in Miami?
Five things. First, Florida is a recording state and the South Florida market spans three counties — Miami-Dade, Broward, and Palm Beach — each with its own recording office, so a lien recorded in the wrong county perfects nothing; the City of Miami records with the Miami-Dade County Clerk of the Court and Comptroller. Second, the 45-day Notice to Owner under § 713.06 is a precondition that runs from first furnishing for any non-privity lienor, and failure to serve it on time is a complete defense — the single most common reason a Miami sub's lien fails. Third, Florida's § 713.31 fraudulent-lien statute is aggressive: a willfully exaggerated lien is void in its entirety, exposes the lienor to damages and attorney's fees, and is a third-degree felony. Fourth, unlike Texas, Florida requires contractor licensing under Chapter 489, and § 489.128 bars an unlicensed contractor from enforcing its contract or lien. Fifth, Miami-Dade's condominium market — amplified by the post-Surfside SB 4-D milestone-inspection and reserve requirements — drives recertification and restoration work where the owner for the Notice to Owner may be the association on common elements or the unit owner inside a unit.
Can you file a mechanics lien on a Miami public project?
No mechanic's lien attaches to public property. An unpaid claimant on a City of Miami, Miami-Dade County, Miami-Dade County Public Schools, Miami International Airport, Jackson Health System, or PortMiami project does not record a Claim of Lien — it pursues a payment bond claim under Florida's Little Miller Act, § 255.05, which requires a payment bond on public construction and runs on its own notice and suit deadlines. Those remedies are separate from the private § 713.08 recording window, and a claimant that records a private lien against a Miami public parcel has recorded a nullity. On federal projects in the Miami area — the federal courthouse, the VA Medical Center, Homestead Air Reserve Base, U.S. Southern Command — neither the state lien nor § 255.05 applies; the claim is a payment bond claim under the federal Miller Act, 40 U.S.C. § 3131 et seq. A Miami construction attorney will identify which remedy the project actually supports before any deadline runs.