US Legal Forms
Localized Forms
Florida
Miami Gardens
Florida Owner's Sworn Statement Concerning Direct Contracts Form -...

Miami Gardens Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Individual

Q: What is the Florida construction lien law?

FLORIDA&#039;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.

Q: What is a Florida mechanics lien?

If contractors and suppliers don&#039;t get paid on a construction project in Florida, they can file a lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

Q: How does a mechanics lien work in Florida?

Mechanic&#039;s liens are essentially clouds on the title to your home and property, usually filed by contractors or subcontractors who claim that they are owed money from you. A lien lets them secure their financial interests without immediately filing a formal lawsuit in Florida&#039;s Circuit Court.

Q: How do mechanic liens work in Florida?

Mechanic&#039;s liens are essentially clouds on the title to your home and property, usually filed by contractors or subcontractors who claim that they are owed money from you. A lien lets them secure their financial interests without immediately filing a formal lawsuit in Florida&#039;s Circuit Court.

Category:

Liens - Construction - Mechanics

State:

Florida

City:

Miami Gardens

Control #:

FL-03224

Format:

Instant download

Description

This is a form for an individual Owner to respond to a request from a lienor to the owner of a sworn statement of the amount of all direct contracts; the amount paid by or on behalf of the owner for all labor, services, and materials furnished pursuant to the direct contracts; the dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in any direct contracts; and the reasonable estimated costs of completing, according to the terms and specifications of same, any direct contract under which construction has ceased.

Jacksonville Sworn Statement Of Account From Lienor to Owner - Construction - Mechanic Liens - Individual

View this form

Orlando Lienors Request For Sworn Statement From Owner Form - Construction - Mechanic Liens - Individual

View this form

Tampa Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Corporation or LLC

View this form

Jacksonville General Construction Agreement between Property Owner and Contractor

View this form

Jacksonville Agreement Between Owner and Contractor

View this form

Release of Liability Owner Rider - Horse E...

View this form

Maine Child Care Services Package

View this form

Complaint for Personal Injury and Wrongful...

View this form

A17 Emergency Motion to Stay Execution

View this form

Subcontractor or Materialman's Request to ...

View this form

Conventional Filing Placeholder

View this form

A51 Notice of Filing of Rule 11 Agreement

View this form

Petition For Involutatry Termination of Pa...

View this form

Related Entity

View this form

Order Granting Preliminary Injunction

View this form

How to fill out Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Individual?

If you are looking for an appropriate form template, it’s challenging to select a more user-friendly platform than the US Legal Forms website – likely the most extensive collections online.

With this collection, you can discover thousands of document examples for corporate and personal uses categorized by types and states, or key words.

With the sophisticated search function, locating the latest Miami Gardens Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Individual is as simple as 1-2-3.

Complete the transaction. Use your credit card or PayPal to finalize the registration process.

Obtain the template. Choose the file format and download it to your device.

Moreover, the relevance of each document is validated by a group of proficient attorneys who routinely review the templates on our site and update them in accordance with the latest state and county regulations.
If you are already familiar with our system and have a registered account, all you need to do to acquire the Miami Gardens Florida Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Individual is to Log In to your account and click the Download option.
If this is your first time using US Legal Forms, simply follow the instructions below.
Ensure you have located the form you need. Review its description and utilize the Preview option to check its contents. If it doesn’t fulfill your requirements, use the Search box at the top of the page to find the suitable record.
Confirm your selection. Select the Buy now option. Then, choose the desired subscription plan and enter your details to create an account.

Form popularity

FAQ

Period of one year from the date it was originally recorded. There is only one way to extend that time. The lienor must file a lawsuit to enforce or foreclose the lien within the time that it is effective to keep it alive longer than the one year period.

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.

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.

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.

Per Florida Statutes 713.16, the sworn statement of account is a written statement that documents the nature of the labor or services performed or to be performed, materials supplied or to be supplied, current amount paid on the account, amount due and amount to become due as stated by the lienor.

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.

If contractors and suppliers don't get paid on a construction project in Florida, they can file a lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

Mechanic's liens are essentially clouds on the title to your home and property, usually filed by contractors or subcontractors who claim that they are owed money from you. A lien lets them secure their financial interests without immediately filing a formal lawsuit in Florida's Circuit Court.

There are three different types of liens small business owners need to be aware of: Consensual, Statutory, and Judgement.

Interesting Questions

Jacksonville Verbal Warning Form

View this form

North Las Vegas Modelo de carta para directiva - Estudios e investigaciones

View this form

Chula Vista Acuerdo y liberación con respecto a la terminación del empleo

View this form

Long Beach Acuerdo y formulario de reserva de espacio de exhibición

View this form

King Política de mascotas del complejo de apartamentos

View this form

Trusted and secure by over 3 million people of the world’s leading companies

Owner's Sworn Statement Concerning Direct Contracts Form - Construction - Mechanic Liens - Individual

Owner's Sworn Statement Concerning Direct Contracts Form
FL-03224Â

Note:Â Â Â This summary is not intended to be an all inclusive summary.

Demand for copy of contract and statements of account; form.--

(1)Â A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor contracting with or employed by the other party to such contract. If the owner or lienor refuses or neglects to furnish such copy of the contract or such statement, or willfully and falsely states the amount due or to become due if fixed or ascertainable under such contract, any person who suffers any detriment thereby has a cause of action against the person refusing or neglecting to furnish the same or willfully and falsely stating the amount due or to become due for his or her damages sustained thereby. The information contained in such copy or statement furnished pursuant to such written demand is binding upon the owner or lienor furnishing it unless actual notice of any modification is given to the person demanding the copy or statement before such person acts in good faith in reliance on it. The person demanding such documents must pay for the reproduction thereof; and, if such person fails or refuses to do so, he or she is entitled only to inspect such documents at reasonable times and places.

(2)Â The owner may serve in writing a demand of any lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor. The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner. The failure or refusal to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien. If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien. The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed prior to the date the demand for statement is received by the lienor.

(3)Â A request for sworn statement of account must be in substantially the following form: See form FL-03223.

(4)Â When a contractor has furnished a payment bond pursuant to s. 713.23, he or she may, when an owner makes any payment to the contractor or directly to a lienor, serve a written demand on any other lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by such lienor. The failure or refusal to furnish the statement does not deprive the lienor of his or her rights under the bond if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor's last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her rights under the bond. The negligent inclusion or omission of any information deprives the person of his or her rights under the bond to the extent the contractor can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed prior to the date the demand for statement of account is received by the lienor.

(5)Â Any lienor who has filed a claim of lien may make written demand on the owner for a written statement under oath showing the amount of all direct contracts; the amount paid by or on behalf of the owner for all labor, services, and materials furnished pursuant to the direct contracts; the dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in any direct contracts; and the reasonable estimated costs of completing, according to the terms and specifications of same, any direct contract under which construction has ceased. If known, the actual cost of completion must be provided. Any owner who does not provide the statement within 30 days after demand, or who provides a false or fraudulent statement, is not a prevailing party for purposes of an award of attorney's fees under s. 713.29. The written demand must include the following warning in conspicuous type in substantially the following form:
WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

(6)Â For purposes of this section, the term "information" means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienor's account. The failure to furnish the statement under oath does not constitute an omission of information and shall deprive the lienor of his or her lien. 713.16
Â
Â

How to Order:Â To complete your order of the form you have located, close this window and click on the order icon, or Member Download link if you are a Registered User.

Help: If you need help locating a form, please use the Helpline link on the main forms page.

Note:Â All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.