Subcontract Review for Florida Contractors
Florida's construction lien law is notoriously strict. Miss one deadline and lose all your rights. Our AI catches the contract traps and reminds you of critical Florida-specific requirements.
Key Florida Construction Laws We Check
Florida Statutes §725.06
Anti-Indemnity Statute
Void to the extent it requires indemnification for the indemnitee's own negligence.
⚠️ Broad form indemnity clauses are unenforceable in Florida
Florida Statutes §713.01-37
Construction Lien Law
Subcontractors must serve Notice to Owner within 45 days of first work. Lien must be filed within 90 days of last work.
⚠️ Miss the 45-day notice and you lose ALL lien rights
Florida Statutes §255.073-078
Local Government Prompt Payment
Prime must pay sub within 10 days of receiving payment. 1% monthly penalty for late payments.
⚠️ Applies to public works only—private has different rules
No Statutory Limit
Retainage
Florida does not cap retainage by statute on private projects. Public projects limited to 5% after 50% completion.
⚠️ Watch for excessive retainage without clear release conditions
Critical Florida Requirement: Notice to Owner
Florida requires subcontractors to serve a Notice to Owner within 45 days of first furnishing labor or materials. If you miss this deadline, you lose ALL lien and bond rights on the project—even if you're owed $500,000.
SubShield reminds you of this deadline and checks if your contract contains waiver provisions that could put your lien rights at risk.
Common Contract Issues in Florida
- Pay-if-paid clauses (may be enforceable in Florida—negotiate carefully)
- Missing Notice to Owner deadline (45 days from first furnishing)
- Excessive retainage without release timeline
- No-damage-for-delay clauses (generally enforceable in Florida)
- Broad indemnification (unenforceable per §725.06)
- Venue clauses requiring litigation outside Florida
Florida Construction Law Is Complex—Don't Go It Alone
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Frequently Asked Questions: Florida Subcontractor Contracts
What is the Notice to Owner requirement in Florida?
Under Florida Statutes §713.06, subcontractors and suppliers must serve a Notice to Owner within 45 days of first furnishing labor, materials, or services. This notice must be served on the owner, contractor, and lender (if any). Failure to serve this notice within 45 days results in complete loss of lien and bond rights.
Are pay-if-paid clauses enforceable in Florida?
Florida courts have generally upheld pay-if-paid clauses when the language is clear and unambiguous. The leading case is DEC Electric v. Raphael Construction (1990). However, courts will construe ambiguous payment language as pay-when-paid. Florida subcontractors should carefully review and negotiate these clauses.
How long do I have to file a mechanic's lien in Florida?
In Florida, you must record your Claim of Lien within 90 days after the final furnishing of labor, services, or materials. However, remember that you must have served a valid Notice to Owner within 45 days of first furnishing to preserve your lien rights in the first place.
What does Florida Statutes §725.06 prohibit?
Florida Statutes §725.06 is Florida's anti-indemnity statute. It makes void any contract provision requiring indemnification for damages resulting from the sole negligence or willful misconduct of the indemnitee. Broad form indemnity clauses requiring you to cover the GC's own negligence are unenforceable.