This is the individual Contractor's final affidavit to owner.
Miami-Dade Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Individual
Category:
State:
Florida
County:
Miami-Dade
Control #:
FL-03200
Format:
Word;
Rich Text
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FAQ
A contractor's affidavit provides reassurance to the project owner that all contractors and vendors on the project have been paid for the work they provided.
Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. However, the following parties do not have any rights to file a Florida mechanics lien: Sub-sub-subcontractors (those hired by sub-subs) Suppliers to suppliers.
Florida has statutory waiver forms, but they're not required While Florida is one of 12 states that provide statutory lien waiver forms, this state's law is unique in that contractors are not required to use the forms provided by the state.
IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.
By Barry Kalmanson, Esq. To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen.
Florida provides statutory lien waiver forms. While parties can agree to use an alternate form, no party can be forced to use a form that differs from the statutory form.
The Final Payment Affidavit is a sworn statement that serves as a comprehensive outline, issued after completion of a project, to notify the property owner of how much money is still owed for materials and services provided.
WARNING! 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.
Florida has an extremely unique approach to lien waivers. The state statutes do provide statutory lien waiver forms, but they aren't necessarily required. The fact that the parties can agree to use an alternate form, opens up the possibility of additional rights and claims being waived.