Pompano Beach Florida Contractor's Interim Payment Affidavit - Individual
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How to fill out Florida Contractor's Interim Payment Affidavit - Individual?
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FAQ
Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials.
By Barry Kalmanson, Esq. To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen.
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.
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.
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 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.
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.
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.