This is the corporate or LLC Contractor's final affidavit to owner.
Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Corporation
Category:
State:
Florida
Control #:
FL-03200A
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Florida Contractor's Final Affidavit Form is a legal document used in the construction industry that certifies the contractor has fulfilled all obligations under a contract with the property owner. This form is essential in the mechanics lien process, ensuring that all work has been completed and payments to subcontractors and suppliers are settled before final payment is made.
Who should use this form
This form is intended for contractors—specifically those operating as corporations or LLCs—who have completed work on a construction project in Florida. It is also relevant for property owners who need to ensure that no liens remain before making the final payment to the contractor. Additionally, subcontractors and suppliers may refer to this affidavit to verify that they have been paid appropriately.
Key components of the form
The Florida Contractor's Final Affidavit Form comprises several critical sections, including:
- Name and details of the contractor: The contractor's name, title, and company information.
- Owner's information: The name of the property owner as outlined in the contract.
- Scope of work: A description of the construction work performed.
- Payment claim: The amount due for final payment, along with declarations that all lienors have been paid or details of unpaid lienors.
- Notarization: The requirement for the affidavit to be sworn and notarized.
Common mistakes to avoid when using this form
When completing the Florida Contractor's Final Affidavit Form, be mindful of the following common errors:
- Omitting details about lienors: Ensure all unpaid lienor names and amounts are clearly listed if applicable.
- Inaccurate completion: Double-check all entered information for accuracy, including names and monetary amounts.
- Notarization errors: Ensure the form is properly notarized to avoid issues during payment processing.
What to expect during notarization or witnessing
Notarization of the Florida Contractor's Final Affidavit Form involves the following steps:
- The contractor must appear in person before a notary public.
- Identification must be provided to confirm the contractor's identity.
- The notary will verify the signatures and witness the signing of the affidavit.
- The notary will then complete their section, providing their official seal, which is necessary for the document to be considered valid.
Benefits of using this form online
Utilizing an online service to obtain the Florida Contractor's Final Affidavit Form offers several advantages:
- Convenience: Access the form anytime from anywhere, making it easier to complete.
- Up-to-date templates: Ensure compliance with current Florida laws and regulations.
- Guidance and support: Online platforms often provide instructions or customer service to assist with any questions during the completion process.
State-specific requirements
In Florida, this affidavit must comply with specific legal requirements outlined in Chapter 713 of the Florida Statutes. It is crucial that:
- The form is completed accurately, reflecting all required information.
- The contractor ensures all parties involved in the project have been compensated appropriately to avoid potential liability.
- Submission is done in accordance with local regulations regarding mechanics liens.
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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.