Florida Waiver Form Application

A lien waiver is quite common in the construction business. Essentially, it is a document from a contractor, subcontractor, supplier, or another party who holds a mechanic's lien that states they have been paid in full and waive future lien rights to the disputed property.

The main purpose of a lien waiver is to provide protection to the paying party. In exchange for such payment, the lien waiver waives the payee's right to file a lien for the exact value of the payment they have received.

A lien waiver is signed before a lien is actually filed. The party submitting the lien waiver states that they waive the right to lien against the project. In some instances, the property owner or general contractor may request that you sign and deliver a lien waiver before payment is disbursed.

Only those who have a direct contract with the owner can file a Florida mechanics lien if the total price for the improvement is $2,500.00 or less, and in many cases, if a notice to owner has not been served in time, during the course of construction, it may not be possible to file a valid lien claim in Florida.

Florida statutory lien waivers are not required to be notarized, and gain no practical benefit from notarization.

The lien release must be filed with the same clerk with whom the original construction lien was filed. If the lien claimant is filing it, the lien release should be provided to the owner and to whomever you have a contract so that they are aware that it has been recorded.

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.

Satisfaction of a Claim of Lien A claim of lien may be removed from a property by extinguishment, by recording a satisfaction in the clerk's office after settlement of the debt, or by discharge based on court order.