Florida Contractor Exam Lien Law Questions You Must Know
- 21 hours ago
- 8 min read
If lien law questions have you second-guessing your exam prep, you're not alone. This is one of the most detail-heavy sections on the Florida contractor exam — full of deadlines, privity rules, and statutory language that can trip up even experienced contractors. But here's the thing: once you understand how Florida lien law actually works, these questions stop feeling like traps and start feeling manageable. Let's break it down.
Key Takeaways
Florida lien law questions on the contractor exam are primarily drawn from Chapter 713, Florida Statutes — knowing the deadlines, lien hierarchy, and Notice to Owner requirements is non-negotiable.
The Florida contractor license exam is open-book, but that doesn't make it easy — you need to know where to find answers fast, especially for lien-related questions.
Practice tests and study strategies that simulate real exam conditions are the most effective way to master lien law topics before exam day.
Table of Contents
Why Lien Law Questions Shows Up on the Florida Contractor Exam
The Florida contractor license exam isn't just a formality; it's designed to make sure that every contractor in Florida understands the legal framework of the construction industry. That includes how contractors, subcontractors, and suppliers protect their right to get paid.
Lien law is tested heavily because it directly affects every construction project you'll manage. The Florida Department of Business and Professional Regulation (DBPR) wants to know that you, as a licensed contractor in Florida, won't inadvertently put a property owner — or your own business — at legal risk over a missed deadline or a filing error.
Understanding the Florida Contractor Exam Format
Before diving into the lien law content itself, it helps to understand what you're walking into on exam day. Division I contractors — that means General, Building, and Residential contractors — must pass three exams: Business and Finance, Contract Administration, and Project Management. Division II specialty contractors take the Business and Finance exam plus a trade-specific test.
The Business and Finance exam is where most of the lien law content lives. It's a multiple-choice exam with approximately 120–125 questions and a 6.5-hour time limit, and it requires a passing score of 70%. The exam format is open-book, meaning you can bring approved reference materials — but you need to know exactly where to look. There's no time to flip through hundreds of pages looking for a single deadline number.
What Florida Lien Law Actually Covers (Chapter 713)
Florida lien law is governed by Chapter 713 of the Florida Statutes, and it covers a broad range of topics you'll see come up in exam questions. Here's what you need to have a solid handle on:
The Basics: What Is a Construction Lien?
A construction lien — sometimes called a mechanic's lien — is a legal claim placed on a property when a contractor, subcontractor, or supplier hasn't been paid for labor or materials. Under Florida law, this lien applies to the property itself, meaning even if the owner has already paid the general contractor (GC), they can still be held liable if the GC failed to pay the subcontractors below them. This is a concept that catches a lot of exam candidates off guard.
Notice to Owner (NTO): The 45-Day Rule
One of the most commonly tested areas in Florida contractor exam lien law questions is the Notice to Owner (NTO). If you're a subcontractor or supplier not in direct contract (privity) with the property owner, you must serve a Notice to Owner within 45 days of first furnishing labor, services, or materials to the project. Missing this window forfeits your lien rights entirely — regardless of how much you're owed.
The NTO must include specific information:
Your name and address
The hiring party's name and address
A description of the services or materials furnished
The address of the property (sufficient for identification)
A statement of lien rights
Recording a Claim of Lien: The 90-Day Rule
After the NTO is served and payment still hasn't come through, a lienor can file a Claim of Lien with the county recorder's office. Under Florida lien statutes, this must be filed within 90 days of the date of last furnishing of labor or materials. The clock starts from the last day you actually worked on the project or delivered materials — not from when the invoice was sent or when final payment was due.
Lien Enforcement: The 1-Year Rule
Filing the lien isn't the finish line. To actually enforce it, a lawsuit must be filed within 1 year of recording the claim of lien. However, if a Notice of Contest of Lien is served on the lienor, that window shrinks to just 60 days from the date of service to file suit — or the lien is automatically extinguished.
Lien Priority and Hierarchy
Florida lien law establishes a clear lien hierarchy when there aren't enough funds to pay everyone. The order of priority under Chapter 713 is:
Laborers (those providing direct physical labor on-site)
All other lienors except the general contractor (subcontractors, suppliers, designers)
The general contractor (GC)
This hierarchy is frequently tested. Know it cold — exam questions often present a scenario where a construction project runs out of funds and ask you to identify who gets paid first.
Key Lien Law Concepts Tested on the Florida Contractor Exam
Notice of Commencement
Before any work begins on a project in Florida, the property owner must record a Notice of Commencement in the county where the property is located. This document identifies the property, the owner, the GC, and the lender (if applicable). As a contractor in Florida, you need to understand this document because it establishes the framework for all lien rights on the project. If an NTO isn't served before the Notice of Commencement is recorded, the subcontractor may lose priority.
Payment Bond and Surety
When a payment bond (also called a surety bond) is provided on a construction project, it changes the lien dynamic significantly. If a GC furnishes a payment bond under Section 713.23 of the Florida Statutes, the property owner is generally exempt from liens filed under that contract. Instead, claimants pursue the surety rather than placing a lien on the property. Exam questions on this topic often test whether candidates understand when a payment bond protects the owner versus when it doesn't.
Privity and Who Must File an NTO
Privity means a direct contractual relationship. In Florida lien law, only the contractor who has a direct contract with the owner is considered to be in privity — everyone else in the chain (subcontractors, sub-subcontractors, suppliers) must serve a Notice to Owner to preserve their lien rights. This concept of privity is a major exam topic and is worth reviewing with practice test questions before exam day.
Final Payment and the Contractor's Affidavit
Before a GC can institute a legal action to enforce a lien, they must deliver a Contractor's Affidavit to the property owner at least 5 days before filing suit. This affidavit lists all unpaid parties — subcontractors, suppliers, and laborers — who performed services or materials on the project. The property owner uses this document to verify that final payment won't create additional lien exposure.
Retainage
Retainage is the portion of the contract price withheld by the owner (or GC from subcontractors) until the work is substantially complete. Florida law governs how retainage is handled in construction contracts, and the exam tests whether candidates understand the rules around releasing retainage and how it affects lien rights.
How to Study Florida Lien Law Questions Effectively
Here's the real talk: memorizing Chapter 713 word-for-word won't cut it. What you need is a study plan that teaches you to apply the law — because that's what exam questions demand.
Tab Your Reference Materials
Since the exam is open book, every minute you spend flipping through pages is a minute you're losing. Tab and label your Florida Contractors Manual, especially the sections on lien laws, contract types, and business entity rules. Color-coded tabs by topic will save you significant time during the exam.
Use Practice Exams Regularly
Practice tests are one of the most effective tools for mastering Florida contractor exam lien law questions. They simulate the multiple-choice format, expose you to the types of scenario-based questions you'll actually see, and help you identify which deadlines and statutes you still need to review. Aim to use practice exams consistently throughout your study plan — not just in the final week.
Focus on the Numbers
Lien law is full of time limits and deadlines that the exam loves to test:
45 days — NTO must be served after first furnishing
90 days — Claim of Lien must be recorded after last furnishing
1 year — Deadline to enforce a lien after recording
60 days — Deadline to file suit after a Notice of Contest of Lien
5 days — Contractor's Affidavit must be delivered before filing suit
Write these down. Quiz yourself on them. Know them without hesitation.
Simulate Exam Day Conditions
Time management is a real challenge on the Florida contractor license exam. Practice answering lien law questions under timed conditions so that by exam day, your speed and accuracy are both sharp. The goal is to spend your 6.5 hours efficiently — not panicking over a single lien statute question.
Common Mistakes Aspiring Contractors Make on Lien Law Questions
Even well-prepared candidates make avoidable errors. Here's what to watch out for:
Confusing who must file an NTO — Not everyone is required to file one. Contractors in direct privity with the owner typically don't need to, but subcontractors and suppliers do.
Mixing up deadlines — The 45-day NTO deadline and the 90-day lien recording deadline are two different clocks. Don't conflate them.
Forgetting lien hierarchy — Exam questions often flip the order. Always confirm: laborers first, then other lienors, then the GC.
Overlooking the payment bond exemption — When a surety bond is in play, the rules change. Know when the property owner is exempt.
Skipping the scope of work details — The claim of lien must describe the services or materials furnished and include the address of the property. Missing details can invalidate a lien claim — and invalidate your exam answer.
FAQs
Is lien law covered on every Florida contractor license exam?
Yes — lien law is a core topic on the Business and Finance exam, which all contractor types in Florida must pass. It's part of the broader business and law section that covers Florida statutes, contract terms, and licensing requirements.
What Florida Statute governs construction lien law?
Construction lien law in Florida is governed by Chapter 713 of the Florida Statutes. This is the primary reference you'll use for any lien-related questions on the license exam.
Does a general contractor have to file a Notice to Owner?
Generally, no. A GC with a direct contract with the property owner is in privity and is not required to serve an NTO. However, subcontractors and suppliers without privity must file one within 45 days of first furnishing to protect their lien rights.
What happens if a subcontractor misses the 90-day lien filing deadline?
Missing the 90-day deadline to record a Claim of Lien means the subcontractor loses their lien rights entirely. Florida lien statutes are strict about this — there's no grace period or exception for late filings.
Can a property owner protect themselves from contractor liens?
Yes. The owner can require the GC to furnish a payment bond (surety bond) under Section 713.23. If a valid payment bond is in place, the property is generally exempt from liens under that direct contract, and claimants must pursue the surety instead of the property.
Conclusion
Lien law doesn't have to be the section that holds you back. Once you understand the deadlines, the lien hierarchy, and how Notice to Owner requirements actually work in the real world, these exam questions start to click. The key is studying with the right resources and giving yourself enough time to practice applying the law — not just reading it.
At Florida Construction Academy, we've built our platform around helping contractors like you study smarter — with unlimited practice exams, flashcards, book navigation techniques, and private tutors who know this material inside and out. If you're serious about passing your Florida contractor exam, schedule a consultation with Florida Construction Academy today and let's put together a plan that gets you licensed.
Comments