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Florida Owner's Sworn Statement Concerning Direct Contracts Form -...

Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation or LLC

Q: How do contractor liens work?

A contractor&#039;s lien (often known as a mechanic&#039;s lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid.After all, contractors would rather work out a deal than go through the hassle of filing a lien against your property.

Q: How do I fight a mechanic&#039;s lien in Florida?

Demand That the Contractor Release the Mechanic&#039;s Lien. Filing a Petition With the Courts. Contact a Fort Lauderdale Real Estate Attorney for Help Today.

Category:

Liens - Construction - Mechanics

State:

Florida

Control #:

FL-03224A

Format:

Instant download

What this document covers

The Owner's Sworn Statement Concerning Direct Contracts Form is a legal document used by corporations or Limited Liability Companies (LLCs) in response to a lienor's request. This form provides a sworn statement detailing the amounts of all direct contracts, payments made for labor, services, and materials provided according to those contracts, as well as costs for any unfinished improvements. It specifically addresses construction projects and is vital in managing mechanic liens and ensuring compliance with relevant state statutes.

Main sections of this form

Identification of the lienor's name and address.
Amount of all direct contracts related to construction.
Total amount paid for all labor, services, and materials under direct contracts.
Details of payment dates and amounts.
Verification of whether construction has ceased and estimated completion costs.
Signature and notarization section to validate the statement.

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When to use this document

This form is necessary when a lienor requests a sworn statement from the owner of a corporation or LLC regarding direct contracts associated with construction. It is typically used in situations where there may be unpaid liens or disputes related to payments for construction services. This document ensures transparency and compliance with state regulations regarding mechanic liens.

Who this form is for

Owners of corporations or LLCs involved in construction projects.
Liens that are active in requesting payment information from property owners.
Contractors or suppliers who need assurance of payment status on direct contracts.

Completing this form step by step

Fill in the lienor's name and address at the top of the form.
State the total amount of all direct contracts involved.
List all payments made, including dates and amounts.
Indicate if construction has ceased and provide estimated costs to complete the project.
Sign the form and ensure it is notarized as required by law.

Notarization requirements for this form

Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.

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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 include all relevant payment dates and amounts.
Not notarizing the document, which may render it invalid.
Omitting the lienor's details or providing incorrect information.

Why use this form online

Conveniently downloadable and editable to fit specific needs.
Provides a reliable template drafted by licensed attorneys.
Quicker processing times compared to traditional paper methods.

Legal use & context

This form serves as an official record in disputes involving mechanic liens.
Failure to provide this sworn statement can lead to complications in lien resolution.
The form protects the rights of all parties involved in a construction project by clarifying financial obligations.

Quick recap

This form is essential for corporations and LLCs when addressing lienor requests regarding direct contracts.
It serves to ensure transparency in payments related to construction projects.
Always ensure notarization to meet legal requirements and enhance the document's validity.

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FAQ

A contractor's lien (often known as a mechanic's lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid.After all, contractors would rather work out a deal than go through the hassle of filing a lien against your property.

Demand That the Contractor Release the Mechanic's Lien. Filing a Petition With the Courts. Contact a Fort Lauderdale Real Estate Attorney for Help Today.

Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.

A construction lien is a claim made against a property by a contractor or subcontractor who has not been paid for work done on that property.A construction lien makes it difficult or impossible to sell or refinance a property because it makes its title unclear.

Fill out the mechanics lien form. First, you want to be sure your lien claim form meets Florida's strict requirements. Send a copy of the lien to the property owner. Claimants can serve the lien on the property owner before filing a claim, or within 15 days after recording. Record your mechanics lien.

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.

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.

Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.

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.

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Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation or LLC

Owner's Sworn Statement Concerning Direct Contracts Form
FL-03224

Note: This summary is not intended to be an all inclusive summary.

Demand for copy of contract and statements of account; form.--

(1) A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor contracting with or employed by the other party to such contract. If the owner or lienor refuses or neglects to furnish such copy of the contract or such statement, or willfully and falsely states the amount due or to become due if fixed or ascertainable under such contract, any person who suffers any detriment thereby has a cause of action against the person refusing or neglecting to furnish the same or willfully and falsely stating the amount due or to become due for his or her damages sustained thereby. The information contained in such copy or statement furnished pursuant to such written demand is binding upon the owner or lienor furnishing it unless actual notice of any modification is given to the person demanding the copy or statement before such person acts in good faith in reliance on it. The person demanding such documents must pay for the reproduction thereof; and, if such person fails or refuses to do so, he or she is entitled only to inspect such documents at reasonable times and places.

(2) The owner may serve in writing a demand of any lienor 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 by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor. The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner. The failure or refusal to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien. If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien. The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed prior to the date the demand for statement is received by the lienor.

(3) A request for sworn statement of account must be in substantially the following form: See form FL-03223.

(4) When a contractor has furnished a payment bond pursuant to s. 713.23, he or she may, when an owner makes any payment to the contractor or directly to a lienor, serve a written demand on any other lienor 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 by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by such lienor. The failure or refusal to furnish the statement does not deprive the lienor of his or her rights under the bond if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her rights under the bond. The negligent inclusion or omission of any information deprives the person of his or her rights under the bond to the extent the contractor can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed prior to the date the demand for statement of account is received by the lienor.

(5) Any lienor who has filed a claim of lien may make written demand on the owner for a written statement under oath 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. If known, the actual cost of completion must be provided. Any owner who does not provide the statement within 30 days after demand, or who provides a false or fraudulent statement, is not a prevailing party for purposes of an award of attorney's fees under s. 713.29. The written demand must include the following warning in conspicuous type in substantially the following form:
WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

(6) For purposes of this section, the term "information" means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienor's account. The failure to furnish the statement under oath does not constitute an omission of information and shall deprive the lienor of his or her lien. 713.16

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