In short
- In Florida, unpaid subcontractors and suppliers can claim against your property even if you paid your contractor in full (Fla. Stat. ch. 713).
- Before work starts, you sign and record a notice of commencement with the Lee County Clerk. The City of Cape Coral requires it with the permit application.
- Before each payment, collect a lien waiver for the money already paid. Before the last payment, collect the contractor's final payment affidavit.
- A waiver can only cover work already paid for. You cannot be made to sign, or collect, a waiver in advance.
On this page
- Why a paid-in-full contractor can still leave you with a lien
- The paper trail, in order
- What each document is, and what to check
- The notice of commencement in Cape Coral
- Lien waivers: what Florida law allows and forbids
- A contract clause checklist
- Official sources, and what to confirm
- Frequently asked questions
Most pages about hiring a seawall contractor say "ask about lien protection" and stop there. This guide explains what Florida construction lien protection looks like on a Cape Coral seawall job: which papers exist, who signs them, and when. It is general information, not legal advice.
Why a paid-in-full contractor can still leave you with a lien
A seawall job brings in more companies than the one on your contract: a concrete supplier, a pile or panel manufacturer, an equipment hauler, sometimes a dock sub. If the contractor takes your payment and does not pay one of them, that company can look to your property.
Florida requires every residential contract over $2,500 (for homes of up to four units) to carry a bold-type notice saying so. Under s. 713.015 the notice must be on the front page or a separate page, signed by you and dated. If your contract does not have it, ask why.
Watch out: The state's own notice tells owners to require, in the contract, a written release of lien from anyone who has sent you a Notice to Owner, before any payment is made.
The paper trail, in order
- Contract with the lien notice
Check the all-caps notice from s. 713.015 is in it and that the payment schedule says waivers are due with each payment.
- Notice of commencement, recorded before work starts
You sign it personally. It lists the property, contractor, any lender, and a person you designate to receive copies of lien notices.
- Notices to owner arrive
Subs and suppliers who want to keep their lien rights send them, generally within 45 days of starting work or delivering materials.
- Each progress payment, with a waiver
The contractor (and each company that sent you a notice) signs a release for the amount paid through a date.
- Final payment, with an affidavit and a final waiver
The contractor swears who has and has not been paid. Pay only after you have read it.
- Keep the file
Permit, notice of commencement, waivers, affidavit and final inspection sign-off matter at resale and for insurance.
What each document is, and what to check
| Document | Who signs | What to check |
|---|---|---|
| Notice of commencement | You (the owner). Not anyone on your behalf. | Correct legal description and permit number; contractor and lender named; an expiration date that covers the whole job; a person designated to receive lien notices. |
| Notice to owner | A sub or supplier | Who sent it and for what. Keep every one; each is a name you need a waiver from. |
| Waiver and release of lien (progress) | Contractor and each noticing company | The dollar amount and the "through" date match what you actually paid. Not signed in blank. Not dated for work not yet done. |
| Contractor's final payment affidavit | Contractor, sworn before a notary | Lists every unpaid lienor and the amount owed. If anyone is listed, resolve that before you pay. |
| Waiver and release (final) | Contractor and each noticing company | Covers the whole job, not "through" an earlier date. |
The notice of commencement in Cape Coral
Section 713.13 requires the owner to record a notice of commencement with the Clerk of Court and post a certified copy (or a notarized statement that it was filed) on site before work begins. The City of Cape Coral publishes its own Notice of Commencement form. It is headed "must be recorded with the Lee County Clerk of Court prior to submission."
Two boxes on the city form deserve attention. One names a person in Florida to receive notices. The other names someone, in addition to you, to receive a copy of each lienor's notice. Putting a spouse, property manager or attorney there means a notice does not sit unread in a mailbox while you are away.
Check the price threshold: City and county pages give different dollar thresholds for when a notice of commencement is needed ($2,500 on one City guideline, $5,000 in a Lee County guide). For a seawall replacement you will almost certainly be over both, but ask the city's permitting desk what applies to your permit.
Lien waivers: what Florida law allows and forbids
Section 713.20 sets the rules, and a few matter to a homeowner:
- No waivers in advance. A right to claim a lien cannot be waived before the work is done; any advance waiver is unenforceable.
- Only to the extent of work furnished. A waiver covers labor and materials furnished through the date on the form.
- Short statutory forms exist. One for progress payments, one for final payment. A person may not require a lienor to sign a different form than these.
- Conditional on a check clearing. A company that signs in exchange for a check may condition the waiver on the check being paid.
In practice: ask for the waiver at the same time you hand over each payment, match the amount and date to your records, and keep a copy of every one.
A contract clause checklist
- The s. 713.015 lien notice is on the front page or a separate signed page.
- Each payment is tied to a milestone and to waivers from the contractor and any company that has sent you a notice.
- The final payment is due only after the final inspection passes, the final affidavit is delivered and final waivers are collected.
- The contractor must give you the names of subs and suppliers on request.
- The contract states who records the notice of commencement and who schedules inspections. You still sign it.
Print our seawall bid comparison worksheet to record each bid's payment schedule alongside these points.
Official sources, and what to confirm
- Fla. Stat. 713.13, notice of commencement.
- Fla. Stat. 713.06, notices to owner and the final payment affidavit.
- Fla. Stat. 713.20, lien waivers and the statutory forms.
- Fla. Stat. 713.08, claims of lien and the 90-day window.
- Lee County Clerk: Notice of Commencement FAQ. Check current signature, notary and recording requirements here before you go.
Statutes are amended often and the lien law has exceptions. Confirm with the Clerk, the City of Cape Coral permitting office and, for a large job, a Florida construction attorney. See also how the permit layers fit together and our guide to choosing a seawall contractor.
When you request quotes, we share your details with independent local contractors relevant to your job. We are a referral service, not a contractor or a law firm.
Frequently asked questions
Can a subcontractor put a lien on my house if I already paid my seawall contractor?
Yes. Florida's construction lien law lets unpaid subcontractors and suppliers claim against the property even if the owner paid the contractor in full. The state-mandated notice printed in residential contracts over $2,500 says exactly this. Following the statute's steps (notice of commencement, collecting waivers, the final payment affidavit) is how owners limit that exposure.
What is a notice of commencement and who files it?
It is a sworn form the owner records with the county Clerk of Court before work begins, naming the property, the contractor, any lender and who should receive notices. Under s. 713.13 the owner must sign it personally. The City of Cape Coral's own form says it must be recorded with the Lee County Clerk before it is submitted with the permit application. A contractor can often handle the recording, but you are the one who signs it.
What is a notice to owner?
A letter a subcontractor or supplier sends you (and the contractor) to preserve their right to a lien. Under s. 713.06 it must generally go out within 45 days after they start work or deliver materials, and before the owner makes final payment after receiving the contractor's affidavit. Getting one is normal. It is a signal to collect that company's waiver before you pay, not a sign of a problem.
What is a lien waiver and can I require it?
A waiver and release of lien is a signed statement that a company has been paid for work or materials through a certain date. Section 713.20 gives short statutory forms for progress payments and final payment. A right to claim a lien cannot be waived in advance, so a waiver should only be signed for money actually received. You can write into the contract that waivers are due before each payment.
How long does someone have to file a lien?
A claim of lien must be recorded no later than 90 days after the lienor last furnished labor, services or materials (s. 713.08). Ask a Florida construction attorney how that clock applies to your job; we cannot give legal advice.
Does the notice of commencement expire?
By default, one year after recording unless a different date is stated (s. 713.13). If the work could run longer, it has to say so. Payments made after the notice has expired can be treated as improper payments, which is another reason to ask for the date and keep a copy.
Do I need an attorney?
Not necessarily for a small repair, but the lien law is technical and the state's own contract notice recommends consulting an attorney. For a full replacement with several progress payments, a short consult before signing is usually cheap compared with the amounts at stake.
Are you a contractor or a law firm?
Neither. We are a referral service that connects Cape Coral owners with independent local contractors. This page is general information, not legal advice.