A mechanic's lien — also called a construction lien or contractor's lien — is a legal claim against a property filed by a contractor, subcontractor, laborer, or material supplier who provided work or materials for improvements to the property but was not paid. It is one of the most powerful protections in construction law: even if the property owner paid the general contractor in full, unpaid subcontractors and suppliers can file liens directly against the property to secure their payment.
This creates a significant risk for property owners. Consider this scenario: you hire a general contractor to renovate your kitchen for $50,000 and pay them in full. But the contractor fails to pay the cabinet supplier ($15,000) and the tile subcontractor ($8,000). Both the supplier and subcontractor can file liens against your property — even though you already paid the full contract price. You may end up paying twice for the same work unless you take protective measures.
Mechanic's lien laws vary significantly by state, but they generally include strict notice and filing deadlines. In Florida, a subcontractor or supplier who does not have a direct contract with the property owner must serve a "Notice to Owner" within 45 days of first providing labor or materials. The lien itself must be recorded within 90 days of the last day of work or materials provided. Once recorded, the lienholder has one year to file a lawsuit to enforce the lien — if they miss this deadline, the lien expires. Texas has similar but distinct requirements under the Texas Property Code.
Property owners can protect themselves by requiring lien waivers (also called lien releases) from all contractors, subcontractors, and suppliers before making payments. A lien waiver is a signed statement that the party has been paid and waives their right to file a lien. Title companies routinely require lien waivers or an owner's affidavit stating that no work has been done that could give rise to a mechanic's lien before issuing title insurance.
At Beycome Title, our title search identifies all recorded mechanic's liens. If a lien is found, it must be satisfied, bonded off, or otherwise resolved before we can deliver clear title at closing. For properties where recent construction or renovation work has been performed, we may require additional documentation — including contractor affidavits and final lien waivers — before issuing the title policy. Get your free title quote.