© 2016 - U.S. Legal Forms, Inc.
FLORIDA
CONSTRUCTION or MECHANICS
LIEN FORMS
PACKAGE
(Individual / Sole Proprietor)
Control Number: FL-P091-PKG
U.S. Legal Forms™ thanks you for your purchase of a Construction Lien Forms
Package. This package is an important tool to help you with the legal issues that may
arise between a contractor who performs services and/or supplies materials or
equipment to a property but is not paid for the services/materials/equipment. This
package includes state specific forms for a contractor operating as a sole proprietor or
individual.
TABLE OF CONTENTS
I.
Form List with Descriptions of Forms
II.
Tips on Completing the Forms
III.
Disclaimer
I. FORM LIST WITH DESCRIPTIONS OF FORMS
This collection of forms is drafted for the individual or sole proprietor to protect your legal rights
or claims to secure and enforce a lien on property for unpaid services and/or materials or
equipment. Each form is prepared for use by an individual or sole proprietor.
Included in your package are the following forms:
Form No.
Statute
Title
FL-03196
F.S. §713.13
Notice of Commencement
Description: With the exception of an exempt improvement, an owner, or the owner's
authorized agent, before actually commencing to improve any real property, or recommencing
completion of any improvement after default or abandonment, whether or not a project has a
payment bond, is required to record a notice of commencement in the clerk's office and post on
the job site either a certified copy thereof or a notarized statement that the notice of
commencement has been filed for recording along with a copy thereof.
FL-03198
F.S. §713.06(2)(c)
Notice to Owner
Description: This form is used by a potential lien claimant not “in privity” (direct contract) with
the owner – sub-contractors – in order to provide required notice of their involvement to the
owner. This notice informs the owner that the Contractor has hired the sub-contractor to assist
in the work of improvement to be done on the Owner's property. Because of this, the Owner
may be subject to a lien if, and when, the Contractor fails to satisfy the money owed the SubContractor.
FL-03199
F.S. §713.06(2)(c)
Transmittal Letter for Notice to Owner
Description: This is a transmittal or cover letter for the Notice to Owner.
FL-03200
F.S. §713.06(3)(d)(1) Contractor’s Final Payment Affidavit
Description: This is the Contractor's final affidavit to owner and is used as the basis for final
payment of the balance due on the contract.
FL-03201
F.S. §713.08
Claim of Lien
Description: This is the form for filing a lien by a lien claimant.
FL-03202
F.S. §713. 22(2)
Notice of Contest of Lien
Description: This Notice of Contest of Lien Form is for use by an owner or attorney for the
owner to notify the lienor that the owner contests the claim of lien filed by the lienor and states
that the time within which the lienor may file suit to enforce the lien is limited to 60 days from the
date of service of this notice.
FL-03203
F.S. §713. 22(4)
Waiver and Release of Lien Upon Progress Payment
Description: This form is for use by a lienor to waive and release the lien and right to claim a
lien for labor, services or materials furnished through a specific date on the job of the owner of
property.
FL-03204
F.S. §713.20(8)
Conditional Waiver and Release of Lien Upon
Progress Payment
Description: This Conditional Partial Release And Waiver Of Lien form is for use by an lienor
to waive and release the lien and right to claim a lien for labor, services or materials furnished
through a specific date on the job of the owner of the property. This waiver and release is
conditioned upon the lienor receiving collected funds in a certain amount for the work, and if the
funds are not received within a certain number of days after the date of the waiver, the waiver is
void.
FL-03205
F.S. §713.20(5)
Waiver and Release of Lien Upon Final Payment
Description: This form is for use by a lienor to waive and release a lien and right to claim a
lien for labor, services or materials furnished through a specific date on the job of the owner of
the property.
FL-03206
F.S. §713.21
Release of Lien
Description: This Release of Lien form is for use by a lienor to waive, release, and quit claim
all liens, lien rights, claims or demands of every kind whatsoever, including his or her claim of
lien against certain real estate and improvements on account of work and labor performed,
and/or materials furnished in improving the property.
FL-03207
F.S. §713.16
Request for Sworn Statement of Account By Owner
Description: This Request for Sworn Statement of Account is for use by an owner to demand
from a lienor a written statement under oath of his or her account showing the nature of the
labor or services performed and to be performed, if any, the materials furnished, the materials to
be furnished, if known, the amount paid on account to date, the amount due, and the amount to
become due, if known, as of the date of the statement, for the improvement of real property.
FL-03208
F.S. §713.16
Sworn Statement of Account from Lienor to Owner
Description: Sworn Statement of Account from Lienor to Owner – F.S. §713.16 - This is a
sworn statement of account from a lienor in response to a request from an owner for a sworn
statement
FL-03209
F.S. §713.24
Notice of Transfer to Security
Description: Any lien claimed under this part may be transferred, by any person having an
interest in the real property upon which the lien is imposed or the contract under which the lien
is claimed, from such real property to other security by either cash deposit with clerk or surety
bond.
FL-03210
F.S. §713.07(4)
Affidavit of Abandonment and Intent to Recommence
Construction
Description: An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the
person making the statement) before a notary public or other official witness. The affiant swears
to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit
of Abandonment and Intent To Recommence Construction is a model affidavit for an individual
recording the type of information stated. It must be signed before a notary, who must sign and
stamp the document. Adapt the text to fit your facts.
FL-03211
F.S. §713.07(4)
Notice of Recommencement
Description: If construction ceases before completion and the owner desires to recommence
construction, the owner may pay all lienors in full or pro rata in accordance with s. 713.06(4)
prior to recommencement in which event all liens for the recommenced construction shall take
priority from such recommencement; or the owner may record an affidavit in the clerk's office
stating his or her intention to recommence construction and that all lienors giving notice have
been paid in full except those listed therein as not having been so paid in which event 30 days
after such recording, the rights of any person acquiring any interest, lien or encumbrance on
said property or of any lienor on the recommenced construction shall be paramount to any lien
on the prior construction unless such prior lienor records a claim of lien within said 30-day
period. A copy of said affidavit shall be served on each lienor named therein. Before
recommencing, the owner must record and post a notice of commencement for the
recommenced construction, as provided in s. 713.13. See 713.07 Priority of liens.
FL-03212
F.S. §713.132
Notice of Termination of Notice of Commencement
Description: An owner may terminate the period of effectiveness of a notice of
commencement by executing, swearing to, and recording a notice of termination.
FL-03213
F.S. §713.245(4)
Certificate of Payment to the Contractor
Description: Within 90 days after a claim of lien is recorded for labor, services, or materials for
which the contractor has been paid, the individual owner or contractor may record a notice of
bond as specified in s. 713.23(2), together with a copy of the bond and a sworn statement of
Certificate Of Payment To Contractor Form. See §713.245 Conditional payment bond.
FL-03214
F.S. §713.245(6)
Joinder in Certificate of Payment
Description: This Joinder In Certificate Of Payment form is a letter, or notice from an potential
lien claimant to the Owner, Surety and Lienor stating that there has been a payment made.
This is certified to be true and correct in front of a Notary Public.
FL-03215
F.S. §713.245(8)
Notice of Contest of Payment
Description: A contractor or the contractor's agent or attorney may elect to shorten the
prescribed time within which an action to enforce any claim against a payment bond provided
pursuant to this section, or §713.245, by recording in the clerk's office a notice of contest of
claim against payment bond. See 713.23 Payment bond.
FL-03216
F.S. §713.23
Payment Bond
Description: The payment bond required to exempt an owner under this part shall be
furnished by the contractor in at least the amount of the original contract price before
commencing the construction of the improvement under the direct contract, and a copy of the
bond shall be attached to the notice of commencement when the notice of commencement is
recorded. The bond shall be executed by a surety insurer authorized to do business in Florida
and shall be conditioned on the contractor promptly making payments for labor, services, and
material to all lienors under the contractor's direct contract. Any form of bond given by a
contractor conditioned to pay for labor, services, and material used to improve real property
shall be deemed to include the condition of this subsection.
FL-03217
F.S. §255.05
Public Construction Bond
Description: This bond is made between a Corporation, Principal and Owner. The
Corporation is the Surety for the Principal; therefore, the Corporation will pay the amount of the
contract if all of the conditions listed in the bond are met. If even one of the conditions is not
met, the Corporation, or Surety, is not liable to the Owner.
FL-03218
F.S. §713.23(1)(c)
Notice to Contractor
Description: Either before beginning or within 45 days after beginning to furnish labor,
materials, or supplies, an individual lienor who is not in privity with the contractor, except a
laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor's
bond for protection on the work. See 713.23 Payment bond.
FL-03219
F.S. §713.20(5)
Conditional Waiver and Release Upon Final Payment
Description: This Conditional Waiver and Release of Lien Upon Final Payment form is for use
by a lienor to waive and release the lien and right to claim a lien for labor, services or materials
furnished in consideration of final payment. This waiver is conditional upon the lienor receiving
final payment for his or her work, and if funds are not received, the waiver is void.
FL-03220
F.S. §713.23
Notice of Bond
Description: This form is for an individual to advise a claimant that has filed a Claim of lien
that the project is secured by a bond.
FL-03221
F.S. §713.15
Demand for Reclamation
Description: This form is for a supplier of materials to demand return of materials not used in
the project.
FL-03222
F.S. §713.13(1)(a)
Notarized Statement that Notice of Commencement
Has Been Recorded
Description: This Notarized Statement Regarding the Notice of Commencement form is
signed and filed by the Owner of a parcel of land. The owner affirms that the Notice of
Commencement has been recorded. The statement is notarized.
FL-03223
F.S. §713.16(5)(a)
Lienor’s Request for Sworn Statement from Owner
Description: This is a form for a lienor to request from the owner, a sworn statement showing
the amount of all direct contracts; the amount paid by or on behalf of the owner for all labor,
services, and materials furnished pursuant to the direct contracts; the dates and amounts paid
or to be paid by or on behalf of the owner for all improvements described in any direct contracts;
and the reasonable estimated costs of completing, according to the terms and specifications of
same, any direct contract under which construction has ceased.
Owner’s Sworn Statement Concerning Direct
Contracts
Description: This is a form for an Owner to respond to a request from a lienor to the owner for
a sworn statement of the amount of all direct contracts; the amount paid by or on behalf of the
owner for all labor, services, and materials furnished pursuant to the direct contracts; the dates
and amounts paid or to be paid by or on behalf of the owner for all improvements described in
any direct contracts; and the reasonable estimated costs of completing, according to the terms
and specifications of same, any direct contract under which construction has ceased.
FL-03224
F.S. §713.16(5)(a)
Contractor’s Affidavit – Interim Payments – for when
any payment is due and NOT the final payment to
contractor.
Description: This Contractor's Interim Payment Affidavit is for use by a contractor who has
furnished or caused to be furnished labor, materials, and services for the construction of certain
improvements to real property, for the purposes of obtaining payment from the owner. This form
also states that all of the work to be performed under the contract has been fully completed, and
all lienors under the direct contract have been paid in full, except the lienors listed in the form.
FL-03225
F.S. §713.06(3)(c)
Owner’s 10 Day Notice to Contractor of Intent to Pay
Lienor(s)
Description: This Owner's 10-Day Notice to Contractor of Intent to Pay Lienors form is for use
by an owner to inform the contractor with ten days' notice and before he or she pays any money
directly to any lienor except the contractor or any laborer, that he or she intends to make
payments directly to listed lienors in specific amounts.
FL-03226
F.S. §713.06(3)(g)
FL-03227
F.S. §713.06(3)(d)
Notice from Owner to Contractor to Furnish the
Contractor’s Final Payment Affidavit
Description: This Notice from Owner to Contractor to Furnish Contractor's Final Payment
Affidavit is for use by an owner to request that a contractor furnish a final payment affidavit
stating that all lienors under the direct contract who have timely served a notice have been paid
in full, or showing the name of each such lienor who has not been paid in full and the amount
due or to become due each for labor, services, or materials furnished pursuant to contract for
the construction of certain improvements to real property.
FL-03228
F.S. §713.12
Notice of Objection to Contract
Description: This Notice of Objection to Contract form is for use by a husband or wife within
ten days of learning of the contract for the construction of improvements to real property to
object to the contract signed by the other spouse that affects property owned by the objecting
spouse or both spouses jointly and to state that the spouse who entered into the contract shall
not be deemed to be the agent of the objecting spouse to the extent of subjecting the right, title,
or interest of the objecting spouse in such property to liens.
FL-03229
F.S. §713.235(1)
Waiver of Right to Claim Against The Payment Bond
(Progress Payment)
Description: This Waiver of Right to Claim Against the Payment Bond (Progress Payment) is
for use by a lienor to waive his or her right to claim against the payment bond for labor, services,
or materials furnished through a specific date on a particular job of an owner of property for
improvements in consideration of a certain sum of money.
FL-03230
F.S. §713.235(2)
Waiver of Right to Claim Against The Payment Bond
(Final Payment)
Description: This Waiver of Right to Claim Against the Payment Bond (Final Payment) is for
use by an individual lienor in consideration of final payment to waive his or her right to claim
against the payment bond for labor, services or materials furnished on a job of an owner of
property for improvements.
FL-03231
F.S. §713.23(1)(b)
Demand for Copy of Bond
Description: This Demand for Copy of Bond is for use by a lienor to demand from an owner,
contractor or surety a true copy of the bond at the cost of reproduction that secures a claim of
lien.
FL-03232
F.S. §713.23(1)(d)
Notice of Nonpayment
Description: This Notice of Nonpayment is for use by a lienor to notify a contractor or surety
that he or she has furnished certain labor, services or materials for improvement of real property
and to set forth the amount due and unpaid.
FL-03233
F.S. §713.23(1)(e)
Notice of Contest of Claim Against Payment Bond
Description: This Notice of Contest of Claim Against Payment Bond is for a contractor to
notify the lienor that he or she contests the lienor's notice of nonpayment and to state that the
time within which the lienor may file suit to enforce his or her claim is limited to 60 days from the
date of service of the notice.
FL-03234
F.S. §713.165(1)
Request for list of Subcontractors and Suppliers
Description: This Request for List of Subcontractors and Suppliers form is for use by a owner
of property to request that a contractor furnish within 10 days of receipt of the request a list of all
subcontractors and suppliers who have any contract with the contractor to furnish any material
or to perform any service for the contractor with respect to the owner's real property or
improvement thereto.
FL-03235
F.S. §713.165(2)
Response to Request for list of subcontractors and
suppliers by owner
Description: This Response to Request for List of Subcontractors and Suppliers form is for
use by a contractor to provide to a property owner or a property owner's agent a list of all
subcontractors and suppliers who have a contract with the contractor (as of the date the
contractor received a request for the same) to furnish any material or perform any service with
respect to real property or improvement to real property. This response must be filed within ten
days of receipt of the request.
FL-03236
F.S. §713.19
Assignment of Lien
Description: This Assignment of Lien form is for use by a lien claimant to assign his or her
claim and lien and all the rights and remedies under law to which the lien claimant is entitled for
the purpose of filing and for the enforcement of the lien for the value of labor, materials, or
laborers supplied for the purpose of improvements of real property.
FL-03237
F.S. §713.16
Request for Sworn Statement of Account by Lienor or
Owner
Description: This Request for Sworn Statement of Account by Lienor form is for use by a
lienor or owner, or anyone contracting with either the lienor or owner, and is a demand for a
written statement under oath of his or her account showing the nature of the labor or services
performed and to be performed, if any, the materials furnished, the materials to be furnished, if
known, the amount paid on account to date, the amount due, and the amount to become due, if
known, as of the date of the statement, for the improvement of real property. Basically, this form
can be used by any party to a contract or any subcontractor related to a contract, to obtain a
status report of the performance of that contract.
FL-03238
F.S. §713.16
FL-03239
F.S. §713.16
Request for Sworn Statement of Account By
Contractor
Description: This Request for Sworn Statement of Account by Contractor form is for use by an
individual contractor to demand from a lienor a written statement under oath of his or her
account showing the nature of the labor or services performed and to be performed, if any, the
materials furnished, the materials to be furnished, if known, the amount paid on account to date,
the amount due, and the amount to become due, if known, as of the date of the statement by
the lienor, for the improvement of real property.
Sworn Statement of Account from Party to Contract to
Lienor
Description: This Sworn Statement of Account from Other Party to Contract to Lienor is for
use by a party to a contract to respond to a lienor's demand for a statement of account, and
includes the nature of labor or services performed or to be performed, materials furnished or to
be furnished, amount paid to date, amount due, amount to become due, amount of contract,
and the names of parties to the contract.
FL-03240
F.S. §713.16
Sworn Statement of Account from Lienor to Contractor
Description: This Sworn Statement of Account from Lienor to Contractor form is for use by an
lienor to respond to a contractor's demand for a statement of account and includes the nature of
labor or services performed or to be performed, materials furnished or to be furnished, amount
paid to date, amount due or to become due, amount of contract and the names of the parties to
the contract.
FL-03241
F.S. §713.06(3)
Contractor’s Interim Payment Affidavit
Description: This Contractor's Interim Payment Affidavit is for use by a contractor who has
furnished or caused to be furnished labor, materials, and services for the construction of certain
improvements to real property, for the purposes of obtaining payment from the owner. This form
also states that all of the work to be performed under the contract has been fully completed, and
all lienors under the direct contract have been paid in full, except the lienors listed in the form.
If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may
also wish to visit our legal definitions page at http://definitions.uslegal.com/
II. TIPS ON COMPLETING THE FORMS
The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe
Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer.
They do not limit your ability to print the form “in blank” and complete with a typewriter or by
hand.
It is also helpful to be able to see the location of the form fields. Go to the View menu, click on
Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the
Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be
visible.
By clicking on the appropriate form field, you will be able to enter the needed information. In
some instances, the form field and the line will disappear after information is entered. In other
cases, it will not. The form was created to function in this manner.
III. DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for
the subject state. All information and Forms are subject to this Disclaimer:
All forms in this package are provided without any warranty, express or implied, as to
their legal effect and completeness. Please use at your own risk. If you have a serious
legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms,
Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are
not a substitute for the advice of an attorney.
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