This is the individual Contractor's final affidavit to owner.
This is the individual Contractor's final affidavit to owner.
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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.
As mentioned before, property owners can cancel a lien by filing a complaint that requires the contractor to show cause why their claim shouldn't be enforced or canceled. If the claimant fails to respond properly, the lien will be removed via court action.
A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. 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.
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.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Florida, they are frequently successful at producing payment (without having to take the next step of filing a lien).
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.
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.
If you want to remove a lien from your property, you need to do one of two things: 1) have the contractor record a release of the lien or 2) file an appeal to have the lien released.
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.