In Florida construction projects, payment disputes are common. And when they happen, one of the strongest tools contractors and suppliers have is the construction lien. But what happens if the agreement was never put in writing? It’s a more common situation than most people think. Contractors want to get to work, property owners want to move forward, and paperwork gets pushed to the side. Still, when payment stalls, that missing contract can create serious problems.
Florida Law Doesn’t Always Require a Written Contract
Florida lien law allows contractors, subcontractors, laborers, and material suppliers to file a lien even if there’s no written contract. What matters most is that there was an agreement (verbal or implied) and that work was actually performed or materials were delivered to improve the property.
That said, the absence of a written agreement can make it much harder to prove your claim. If the property owner disputes that an agreement existed or disagrees about the price or scope of work, it quickly becomes a matter of “your word versus theirs.”
Proof of the Agreement Is Still Required
Even without a written contract, the lienor must still show that an agreement existed. Courts may look at things like text messages, emails, invoices, payment receipts, and other records that show both parties understood the terms of the deal.
This is where many contractors run into trouble. If there’s no clear record of the agreement or the work performed, the lien could be challenged and ultimately denied. The burden is on the contractor to prove the value of the services and that they were authorized.
Timelines Still Apply
Whether the contract is written or not, all standard lien deadlines still apply. You must serve a Notice to Owner (NTO) within 45 days of starting work or delivering materials, and the Claim of Lien must be recorded within 90 days of the last day of work.
Failure to meet these deadlines can result in losing your lien rights entirely, regardless of whether your agreement was written or verbal. Florida courts do not give extra time just because the agreement was informal.
Licensed Contractors Only
If you’re working without a written contract and you’re not properly licensed for the type of work you’re doing, your lien will likely be invalid. Florida law requires contractors to be licensed for the work they perform. If not, they may not be entitled to any legal recovery even if the owner agreed to the work.
This requirement applies whether the agreement was written, verbal, or based on conduct. In most cases, a license is a threshold issue for lien enforcement.
Best Practices for Contractors and Suppliers
Even though Florida allows liens without written contracts, that doesn’t mean it’s a good idea to operate that way. Getting an agreement in writing protects everyone involved. It clearly lays out scope, timing, price, and expectations and makes lien enforcement much simpler if things go wrong.
Contractors should also keep detailed records of all communications, delivery tickets, job logs, and change orders. These can all be used to support a lien claim when a formal contract doesn’t exist.
What Property Owners Should Know
If you’re a property owner or developer, you may still be on the hook for a lien even if you never signed a written agreement. Florida law is designed to protect those who provide labor and materials that add value to the property. That means a verbal agreement or informal understanding can still expose your property to a lien.
To protect yourself, make sure you get signed contracts and verify that any contractor you hire is properly licensed and insured. Also, be aware of any Notice to Owner documents you receive. They are a sign that a lien may be filed if payment isn’t made.Disputes involving oral agreements and construction liens can become expensive fast. Whether you’re a contractor trying to get paid or a property owner trying to avoid a lien, legal guidance is key. Florida Construction Law Group helps you understand your rights and take the right steps at the right time. Contact us today to protect your project and your bottom line.
