The form and contents of a claim of lien are set forth in Fla. Stat. § 713.08. The claim of lien must expressly state:

  • the name of the lienor and the address where notices or process under the Construction Lien Law may be served on the lienor. Fla. Stat. § 713.08(1)(a).
  • the name of the person with whom the lienor contracted or by whom he or she was employed. Fla. Stat. § 713.08(1)(b).
  • the labor, services, or materials furnished and the contract price or value thereof. Materials specially fabricated at a place other than the site of the improvement for incorporation in the improvement but not so incorporated and the contract price or value thereof shall be separately stated in the claim of lien. Fla. Stat. § 713.08(1)(c).
  • a description of the real property sufficient for identification. Fla. Stat. § 713.08(1)(d).
  • the name of the owner. Fla. Stat. § 713.08(1)(e).
  • the time when the first and the last item of labor or service or materials was furnished. Fla. Stat. § 713.08(1)(f).
  • the amount unpaid to the lienor for labor, services, or materials and for unpaid finance charges due under the lienor’s contract. Fla. Stat. § 713.08(1)(g).
  • if the lien is claimed by a person not in privity with the owner, the date and method of service of the notice to owner. If the lien is claimed by a person not in privity with the contractor or subcontractor, the date and method of service of the copy of the notice on the contractor or subcontractor. Fla. Stat. § 713.08(1)(h).

The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and must be signed and sworn to or affirmed by the lienor or his or her agent acquainted with the facts stated. See Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995).

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W Mason is an partner with the law firm Fox Rothschild LLP. W practices in Fox Rothschild’s Litigation department in West Palm Beach, Florida. W is Board Certified in Construction Law by the Florida Bar Association. W focuses his practice on construction and commercial litigation throughout Florida. You can reach W at (561) 804-4432 or wmason@foxrothschild.com.