This is the corporate or LLC Contractor's final affidavit to owner.
Tampa Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Corporation
Category:
State:
Florida
City:
Tampa
Control #:
FL-03200A
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Corporation?
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FAQ
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.
Written Release of Lien: Owners have the right to request a legal statement in the contract that forbids a construction lien being filed against their property. It's recommended to include a clause mandating such before any final payments are made.
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.
Florida is specific and strict that if the work being performed requires a license, the claimant must be licensed to file a mechanics lien.
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).
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.
Only those who have a direct contract with the owner can file a Florida mechanics lien if the total price for the improvement is $2,500.00 or less, and in many cases, if a notice to owner has not been served in time, during the course of construction, it may not be possible to file a valid lien claim in Florida.
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.
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.
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.
