Florida Contractor's Final Affidavit of Payment to Subcontractors
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FAQ
Florida allows payments to be withheld for the following reasons: An improper pay request, A bona fide dispute, A material breach of contract by the claimant.
FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.
If the supplier contracts with the property owner, Florida does not require a preliminary notice. In Florida, the deadline to file a mechanics lien is 90 days from last furnishing labor or materials to the project. The claimant must serve a copy of the lien on the property owner within 15 days after filing the lien.
Subcontractors. For Subcontractors, undispited amounts must be paid within the longer of 30 days after payment is due, or 30 days from receipt of invoice.
You cannot usually withhold payment from a subcontractor if the job you are contracted to run does not pay you for work on time or at all. The subcontractor can place a mechanic's lien against your property to recover his owed funds, and he can sue you to recover additional damages.
When Can Contractors Withhold Payment From Subcontractors? The main contractor is able to withhold payment if the work or goods supplied by a subcontractor are deemed unsuitable. Evidence of this should always be provided along with the option to rectify any shortcomings.
This can be due to a dispute or contractual breach between two parties for non-performance of a certain clause. Provided that a party to a contract issues a compliant withholding-notice setting out the grounds and the sums attributable to each ground, then the party may legitimately withhold payment.
This means that if a lien is filed against your property, your property could be sold against your will to pay for labor, materials, or other services which your contractor may have failed to pay.
If the supplier contracts with the property owner, Florida does not require a preliminary notice. In Florida, the deadline to file a mechanics lien is 90 days from last furnishing labor or materials to the project.
Notice of Commencement RequirementNotices of Commencement are required in Florida. Property owners must get them filed. The only exception is when there is a construction lender on the job, in which event, the property owner is relieved from this duty and the construction lender must make the filing.