What is a Florida Statutory Waiver and Release of Lien Upon Final Form?
Definition and Meaning of the Florida Statutory Waiver and Release of Lien Upon Final Payment
A Florida Statutory Waiver and Release of Lien Upon Final Payment is a legal document used in the construction industry. It serves as a formal acknowledgment by the contractor, subcontractor, or supplier (collectively referred to as lienors) that they have received final payment for their services or materials provided on a construction project. This document effectively waives their right to file a mechanic's lien against the property in question, as stipulated in Florida Statute § 713.20(5). By signing this waiver, the lienor confirms that all labor and materials have been compensated, thereby protecting the property owner from any future claims related to that specific project.
How to Use the Florida Statutory Waiver and Release of Lien Upon Final Payment
Utilizing the Florida Statutory Waiver and Release of Lien Upon Final Payment involves several key steps:
- Preparation: Ensure that all payments have been received and that all obligations under the contract have been fulfilled.
- Completion of the Document: Fill out the waiver form accurately, including details such as the project name, property address, and the amount received.
- Signature: The lienor must sign and date the form, indicating their acceptance of the payment and waiver of lien rights.
- Distribution: Provide a copy of the signed waiver to the property owner and retain a copy for personal records.
How to Obtain the Florida Statutory Waiver and Release of Lien Upon Final Payment
The Florida Statutory Waiver and Release of Lien Upon Final Payment can be obtained through various means:
- Online Resources: Many legal websites and construction industry associations provide downloadable templates of the waiver.
- Legal Counsel: Consulting with an attorney who specializes in construction law can ensure that the form is completed correctly and meets all legal requirements.
- Industry Associations: Organizations such as the Associated Builders and Contractors (ABC) or the Florida Home Builders Association may offer resources and guidance on obtaining the waiver.
How to Fill Out the Florida Statutory Waiver and Release of Lien Upon Final Payment
Filling out the Florida Statutory Waiver and Release of Lien Upon Final Payment requires careful attention to detail:
- Project Information: Include the name of the project, the property address, and the relevant contract number.
- Lienor Details: Clearly state the name of the lienor, their address, and contact information.
- Payment Amount: Specify the exact amount received as final payment.
- Signature and Date: The lienor must sign and date the document to validate the waiver.
Steps to Complete the Florida Statutory Waiver and Release of Lien Upon Final Payment
Completing the waiver involves a series of straightforward steps:
- Verify Payment: Confirm that the final payment has been received in full.
- Gather Information: Collect all necessary details about the project and the parties involved.
- Complete the Form: Accurately fill in all sections of the waiver form.
- Review: Double-check the information for accuracy and completeness.
- Sign and Distribute: Sign the document and distribute copies to the relevant parties.
Who Typically Uses the Florida Statutory Waiver and Release of Lien Upon Final Payment
This waiver is primarily used by various stakeholders in the construction industry:
- Contractors: General contractors who oversee construction projects often use this waiver to confirm they have been paid.
- Subcontractors: Subcontractors who provide specialized services or materials also utilize this document to protect their interests.
- Suppliers: Suppliers of construction materials may issue this waiver upon receiving final payment for their products.
Key Elements of the Florida Statutory Waiver and Release of Lien Upon Final Payment
Several key elements must be included in the waiver to ensure its validity:
- Identification of Parties: Clearly identify the lienor and the property owner.
- Project Description: Provide a detailed description of the construction project.
- Payment Confirmation: State the amount of final payment received.
- Waiver Clause: Include a clause that explicitly states the waiver of lien rights.
Legal Use of the Florida Statutory Waiver and Release of Lien Upon Final Payment
The legal use of this waiver ensures compliance with Florida law and protects both the lienor and the property owner:
- Mechanic's Lien Protection: By signing the waiver, the lienor relinquishes their right to file a mechanic's lien, providing peace of mind to the property owner.
- Documentation: The signed waiver serves as a legal document that can be presented in court if disputes arise.
- State Compliance: Adhering to Florida Statutes ensures that all parties meet legal obligations, reducing potential liabilities.
