Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Corporation
What this document covers
The Contractor's Final Affidavit Form is a legal document used by corporations or LLCs to declare that all work has been completed and to request final payment from the property owner. It serves as a formal statement asserting that all subcontractors and suppliers have been paid in full, thereby protecting the owner from potential mechanic liens. This affidavit is specifically designed for corporate contractors, which distinguishes it from equivalent forms intended for individuals or sole proprietors.
Form components explained
- Identification section for the contractor, including name, company, and contact information.
- Statement of completion of work and confirmation of payment to all lienors, with exceptions noted.
- Declaration under oath by the contractor's authorized representative.
- Notary public acknowledgment section to validate the affidavit.
- Certification of service to the owner regarding the delivery of the affidavit.
Situations where this form applies
This form is used when a contractor has completed the work on a construction project and is seeking final payment from the property owner. It is essential to use this form to ensure that all subcontractors and suppliers have been compensated and to protect against future liens on the property. This affidavit is important in any construction project involving a corporation or LLC, particularly in Florida, as it fulfills legal requirements set forth in state statutes.
Who this form is for
- Corporations or LLCs who are contractors seeking final payment for completed construction work.
- Property owners requiring assurance that all subcontractors and suppliers have been paid before release of final payment.
- Construction project managers and legal representatives of the contractor's establishment.
Steps to complete this form
- Identify and fill in the contractor's name, company, and contact information at the top of the form.
- Enter the name of the property owner and the payment amount being requested.
- List any lienors that have not been paid in full, specifying their names and amounts due.
- The affiant must sign and date the affidavit, including their title and the company's name.
- Arrange for the affidavit to be notarized by a notary public.
- Deliver a signed copy to the property owner and retain confirmation of delivery.
Notarization requirements for this form
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to complete the list of unpaid lienors accurately.
- Not having the affidavit notarized, which is crucial for its validity.
- Leaving out critical identification details such as the contractor's title or company name.
- Submitting the form without ensuring all payment obligations have been fulfilled.
Key takeaways
- The Contractor's Final Affidavit Form is essential for contractors to secure final payments upon project completion.
- Accurate completion and notarization of this form protect contractors and property owners from potential legal issues.
- This form is required specifically in Florida for corporations and LLCs as per state statutes.
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FAQ
Must be recorded with the clerk of court in the county(ies) where the project is located within 90 days of last furnishing. 3. The recording fee in the majority of the counties within the state of Florida is $10.00 for the first page and $8.50 a page thereafter. Cost may vary by county.
California Mechanics' Lien law provides special protection to contractors, subcontractors, laborers and suppliers who furnish labor or materials to repair, remodel or build your home.The mechanics' lien is a right that California gives to workers and suppliers to record a lien to ensure payment.
When a contractor files a mechanics' (construction) lien on your home, the lien makes your home into what's called security for an outstanding debt, which the contractor claims is due and unpaid for services or materials.
2. States where the lien law doesn't require a written contract. In these states, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract.These states typically permit parties with verbal, oral, or even implied contracts to claim lien rights.
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.
A mechanics lien is a legal claim on the property for unpaid construction work or supplies. Once claimants file a mechanics lien in California, the owner's property turns into collateral, allowing claimants to secure the service they rendered or the supplies they provided.
To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
A Florida mechanics lien must be in the proper format and filed in the county recorder's office in the county where the property is located within the required timeframe. To record a lien in Florida, you will need to bring your completed Claim of Lien form to the recorder's office and pay the filing fee.
