Puerto Rico Contractor's Affidavit to Induce Lender to Release Funds - Final Payment

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Control #:
US-02484BG
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Description

When the contractor requests final payment, a Final Contractor's Affidavit must be submitted to the lender. The Final Contractor's Affidavit lists all money due to potential lienors that have not been paid. The lender will typically require affidavits from each potential lienor assuring that they have been paid before releasing the final draw amount to the contractor.

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FAQ

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.

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.

In Florida, your Notice to Owner needs to be mailed within 45 days of when you completed your service or when you last received a payment. The notice must be served on the owner before filing the lien or within 15 days after you have filed the lien.

AIA Document G706 is intended for use when the Contractor is required to provide a sworn statement verifying that debts and claims have been settled, except for those listed by the Contractor under EXCEPTIONS in the document. AIA Document G706 is typically executed as a condition of final payment.

This is a standard form for use when a surety company is involved and the owner/contractor agreement contains a clause whereby retainage is reduced during the course of the construction project.

Form G702 (Application and Certificate for Payment) is used by subcontractors throughout America to make the procedure for receiving payments for work performed regulated and convenient for all parties to the process. Such forms indicate the amount of payment paid for the work done for a certain period.

Florida law allows a one-year time period for filing suit to foreclose a construction lien. The one-year time period runs from the date on which the Claim of Lien was recorded. If suit is not brought within the one-year time period, the lien expires and becomes unenforceable.

An affidavit is a written statement from an individual, which is sworn to be true. The document is an oath from an individual that they recall a situation truthfully. Furthermore, it's used alongside witness statements to prove the truthfulness of a statement in court.

A lien makes it impossible to sell the home until the debt is paid or discharged. The lien gives the contractor the ability to force the sale of the property through foreclosure and use the sale proceeds to pay off the debt. You can remove the lien by paying the contractor.

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Puerto Rico Contractor's Affidavit to Induce Lender to Release Funds - Final Payment