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 Waivers Don't Have to Be Notarized The Florida statutes related to lien waivers do not require waivers to be notarized in order to be effective or enforceable. In fact, only 3 states ? Mississippi, Texas, and Wyoming ? enforce such a requirement.
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.
The Contractor's Final Affidavit must contain the name of the owner and the name of the contractor. It needs to have a statement that the contractor has completed the work and that it is going to list the amount that is currently due to the contractor. This document is typically accompanied by a lien.
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.
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.
Florida is one of the 12 states that provide statutory lien waiver forms. So, within Florida's legal rules, there are actual form templates provided for lien waivers. And, the laws state that a form ?may? be used that is ?substantially similar? to the provided templates.
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.
By Barry Kalmanson, Esq. To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen.
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.