Your roofer is not the only company with a stake in your new roof. The shingle or tile distributor and any subcontracted crew may have lien rights under chapter 713 of the Florida Statutes. If your roofer does not pay them, they can claim against your home. The law also gives you a way to stay protected, as long as you collect the right papers before you pay. This is how it works on a residential reroof, as of 2026.
| Who | Contract with you? | Must serve a Notice to Owner? |
|---|---|---|
| Your roofer | Yes | No |
| Material supplier to your roofer | No | Yes, within 45 days of first delivery |
| Subcontracted crew | No | Yes, within 45 days of starting |
| Laborers | No | No |
Who can put a lien on my house for a roof job?
Anyone who improves your property under Florida's lien law and goes unpaid can have lien rights. That includes your roofer, who has a direct contract with you, and companies further down the chain who do not. For a home of up to four units with a direct contract over $2,500, section 713.015, Florida Statutes requires the contract to carry a disclosure in capital, boldfaced type on the front page or a separate page. It warns that unpaid subcontractors and suppliers can enforce a claim against your property, recommends that you get a written release of lien from anyone who sent a Notice to Owner, and suggests you consult an attorney. You sign and date it.
What is a Notice to Owner?
It is a letter a lienor without a contract with you sends to preserve its right to lien. Under section 713.06, Florida Statutes, it must be served before the company starts, or no later than 45 days after it starts furnishing labor, services or materials, and before your final payment. A company that misses that deadline loses its lien. The statute calls the failure a complete defense to enforcing the lien.
The form itself tells you what to do. Its warning says that to avoid a lien and paying twice, you must obtain a written release from that company every time you pay your contractor.
How can I end up paying twice?
Florida protects owners who make "proper payments." The statute says that, except for laborers, an owner owes nothing to a lienor that had not served a Notice to Owner at the time the owner made a payment. Once a supplier has served one, paying the roofer without getting that supplier's release leaves you exposed. If the roofer then fails to pay the supplier, the supplier can lien your home for money you already paid the roofer.
The Notice of Commencement also plays a part. Payments made after it expires count as improper payments. See Notice of Commencement for a roof replacement.
How do I protect myself at each payment?
- Keep every Notice to Owner in one folder. This is your list of who must sign a release.
- Ask for partial releases with each progress payment. The statute requires lienors who receive money to sign partial releases to the extent of the payment.
- Get the final payment affidavit before the last check. When final payment comes due, the roofer must give you an affidavit stating that every lienor who served a notice has been paid in full, or listing each one who has not and how much is owed.
- Compare the affidavit to your folder. Every company that sent a notice should appear as paid, with a release.
- Get final releases from each of those companies before you release the final payment.
If a name on your notices is missing from the affidavit, stop and ask before paying. Consult an attorney if the numbers do not line up.
How long does a supplier have to file a lien?
Under section 713.08, Florida Statutes, a claim of lien must be recorded no later than 90 days after the lienor's final furnishing of labor, services or materials. The lienor must serve you a copy before recording or within 15 days after recording. Under section 713.22, a recorded lien lasts one year unless the lienor files suit to enforce it. An owner can record a notice of contest, which gives the lienor 60 days from service to sue or lose the lien. Removing or contesting a lien is legal work, so talk to an attorney.
What should I ask my roofer before signing?
Ask which suppliers and subcontractors it plans to use, how it handles lien releases and whether it will give you a final payment affidavit with the last invoice. A roofer that pulls its own permit and records the Notice of Commencement properly is usually set up for this paperwork. Our guides on how to choose a roofer in Orlando and how much deposit a roofer can ask for cover the rest of the contract questions, and the roof permits guide covers inspections.
If you are comparing bids, the Orlando roof replacement cost guide shows typical prices, and roof financing explains payment options.
To get a written proposal with a clear payment schedule, book a free roof inspection.
