Lien Foreclosure Florida For Retainage

State:
Multi-State
Control #:
US-01538BG
Format:
Word
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Description

The Lien Foreclosure Florida for Retainage form is used to initiate a complaint for foreclosure on a mechanic's lien, specifically when retainage is involved in construction contracts. This form allows the plaintiff, typically a contractor or supplier, to claim a lien against a defendant, usually a property owner, for unpaid materials and labor. Key features of the form include sections for identifying the parties involved, detailing the contractual agreement, and specifying the amounts owed along with relevant compliance with legal filing requirements. Users must fill in details such as the names of the parties, dates of service, and amounts due, along with attaching necessary exhibits that support their claims. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants. Each audience can benefit from using this form to secure payments in lien disputes, ensuring legal compliance while navigating the foreclosure process effectively. Detailed filling and editing instructions enhance usability, making it accessible, even for those with limited legal knowledge.
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  • Preview Complaint or Petition to Foreclose on Mechanic's Lien
  • Preview Complaint or Petition to Foreclose on Mechanic's Lien
  • Preview Complaint or Petition to Foreclose on Mechanic's Lien

How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?

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FAQ

When retention is subtracted from the invoice, the amount held is recorded as retention receivable. Once the project is complete and you're billing your customer for the retention that was held throughout the project, the amount then moves from retention receivable to accounts receivable.

On public projects, the maximum amount of retainage that can be withheld is 10% from each progress payment. Upon 50% of completion, the public entity must reduce the amount of retainage withheld to 5% of the remaining progress payments.

SECTION 078Public construction retainage. (1) With regard to any contract for construction services, a public entity may withhold from each progress payment made to the contractor an amount not exceeding 5 percent of the payment as retainage.

Retainage payable is generally considered a liability and should be recorded on the balance sheet under current liabilities.

UPDATE: New Florida retainage requirements for public projects went into effect on October 1, 2020. Here's a snapshot of the changes: Retainage limit is now 5% for the lifetime of the project. Reduction in retainage percentage no longer required at 50% completion.

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Lien Foreclosure Florida For Retainage