Florida Lien Forms
The following, in alphabetical order, are forms that have been used by the author in Florida lien matters…
Contractor’s Final Payment Affidavit DOC , PDF
Lien Release – Final Payment DOC , PDF
Lien Release – Progress Payment DOC , PDF
Lienor’s Demand for Statement of Account DOC , PDF
Mandatory Provision for Direct Contracts DOC , PDF
Notice of Commencement DOC , PDF
Notice of Contest of Claim (Bond) DOC , PDF
Notice of Contest of Lien DOC , PDF
Notice of Non-Payment (Bond) DOC , PDF
Notice to Contractor (Bond) DOC , PDF
Request for Sworn Statement of Account DOC , PDF
Florida Construction Lien Law 
THANKS FOR THIS COOL RESOURCE !1
Thank you so much for this resource. Simple and complete.
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I need to know exactly what forms I need to file a lien on a company that didn’t pay me, I was a general labor
As a laborer, you need to file the claim of lien form within 90 days of when you last provided services or you will lose your right to claim a lien.
Great site. Thank you!!!
How do I file a notice to owner?
You don’t file a notice to owner. You serve a notice to owner on everyone upstream. If you are a subcontractor, you serve it on the owner, the general contractor, any lender that is involved, and any bonding/surety company involved. It should be served by certified mail, return receipt requested or hand delivery – never by regular mail as you will have no proof of mailing.
so how do you make this notice to owner’s form legal
I think your question is really how to make the form effective. The way you do that is by serving the notice (and keeping a copy along with proof of mailing or delivery) by certified mail/return receipt requested within 40 days, or hand delivery within 45 days, on the owner and anyone else specified in the notice of commencement to receive notice. Remember that if you have a direct contract with the owner, notice is not required. If you don’t have a direct contract, service of a notice to owner is essential to maintaining your lien rights.
Thank You! Thank You!
So very helpful….
How do I file the Claim of Lien, I work for the architect and have not been paid?
I have sent the client a Notice to Lien.
Do I have to file this in person in the county where the property is or can I file on line?
If you are referring to a claim of lien, it must be filed in the official records of the county where the property is located. There is a filing fee associated with recording the lien, the amount of which is dependent on the number of pages being filed. You should contact the clerk of court where you intend to file the lien to make sure you are sending it to the proper address for the recording department. If you are unsure exactly how to prepare and file the lien, you should consider hiring an attorney to assist you so that you don’t lose valuable lien rights.
You need to contact an attorney to assist you in filling out the claim of lien form if you are unsure how to do it. The services of an attorney will be necessary if you have to file suit to foreclose the claim of lien since a business cannot represent itself in anything other than small claims court.
Is there no hope to get your money if contractor did not pay and we have text messages of him saying he would then correspondence just stops. We did not put Notice to Owner in within 45 days because he kept saying he would send the money next week.
You need to consult with a local attorney to discuss the factual details to see if there is a way to get paid.
I’m a homeowner, getting ready to have a major remodel done on my house. Which forms do I need to have my contractor sign to release me of any liens in the event he does not pay a sub-contractor or a vendor for materials.
Unfortunately, it isn’t that easy. A form that will help protect you and is required anyway is a notice of commencement that is recorded in the public records. That way, subcontractors and suppliers know how to give you proper notices, and you can protect yourself by requiring your contractor to give you signed lien releases from every subcontractor who has done work as a condition of making a progress payment. If you’re not sure how to do this, you need to consult with an attorney.
Pro Builders SWFL, Inc.
Thank you for these exceptional documents.
Does a $0 or $10 amount constitute payment and is legally binding on a final release?
Jeannie
$0 does not, because it is not legal consideration. There would have to be some other form of consideration for the release. Release documents often recite “$10 and other good and valuable consideration,” but it’s not clear from the question whether you’re referring to this scenario or someone is literally only paying $10. The answer to the question if only $10 is being paid can be complex, and you should seek counsel to determine your rights in dealing with this situation whether you are the payor or the payee.
I was told that the “$10 and other good and valuable consideration” statement was not valid on FINAL Releases. I have read the Lien Law forwards and backwards and see nothing to this effect. I have a know it all at work that thinks that because of that all finals with no actual final payment should have a $0, which if you read it, there is clearly no binding legal consideration. I have taken to using my AP register to enter the balance of all invoices, which makes final statements so much easier. However, now I have a GC requesting a $0 Final from my vendor because the balance of all invoices paid is more than my final payment. Confusing.
Why not state the amount of the actual final payment being made in the final lien release? It certainly eliminates any argument by the lienor that full payment was not received. I cannot envision a final lien release with no actual final payment, unless it involves a backcharge to a subcontractor. If a final payment is being made to a subcontractor, that is when the final lien release is supposed to be obtained from that subcontractor. The only other way I could envision your scenario is the situation of a supplier that the contractor or subcontractor orders supplies from on various occasions throughout the project and pays for them as they are purchased, and at the end of the project doesn’t need any more supplies but still wants a lien release. In that scenario, that is probably when the $10 and other good and valuable consideration language is the best to use.
where would i go for information for filing a notice of commencement and where would i go to file it?
Follow this link to the statute, section 713.13, Florida Statutes: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.13.html It is filed in the official records of the county where the construction is being performed.
I am a homeowner finishing a pool/pavers build, which unfortunately did not file a Letter of Commencement (was unaware of the process & not informed by the contractor) for the project. I have received multiple Notice to Owners from multiple vendors.
As I near the completion date, should I use a release of Lien to protect myself?
Do I have the right to withhold payment until a written release is provided to me with a Zero balance
Is there any other additional documents I should use? i.e Contractor’s Final Payment Affidavit?
PS. Great Site!! I am about to share with all my friends
With each draw payment you make, you should require the contractor to provide you lien releases for each subcontractor and supplier from whom you have received notices to owner. As a condition of making the final payment, you want final lien releases from each subcontractor and supplier, and you also want a contractor’s final payment affidavit showing that there are no outstanding bills to pay. If the contractor can’t or won’t give you a final payment affidavit with a zero balance, then make any payment jointly to the contractor and the subcontractor or supplier (i.e., if $1000 is owed to the contractor and he lists two subs as each being owed $500, then make one check for $500 jointly payable to one sub and the contractor and the other $500 check payable to the other sub and contractor. If the balance owed to the subs is greater than the balance owed to the contractor, recognize that you have a real problem and should probably seek counsel.
Hi, I’m having a general contractor remodel my house. Project will start on 11/02, we have already filed the NOC but GC is telling me that he uses no subs, only his employees, also he claims that he pays for his materials upfront. Should I still request a Lien Release from him on every draw payment that I make? or a just final lien release would be fine.Thanks !
Yes, you should still request partial lien releases along the way, and a final lien release and contractor’s final affidavit before making final payment. If you end up getting a notice to owner from a subcontractor or supplier, then you’ll need to insist that the general contractor gets you a lien release from that subcontractor or supplier.
As a subcontractor, we have recently received several requests from contractors telling us they will make payment AFTER we sign a release of lien. Our comeback is that we’ll have no recourse if we sign a release and they don’t follow through with their promise of payment.
The old routine was that the contractor would send payment and a release of lien that we would sign and send back.
What’s with this new procedure and how would you suggest responding without coming across as combative or argumentative?
Thanks so much!!!
The only way that immediately comes to mind is to reword the language of the lien release to specifically recite the amount of the payment that is to be received and not acknowledge its receipt. In other words, the release should start with language like, “In consideration of the payment of $7,777.77, lienor hereby releases its lien for work performed through November 23, 2015.” Do not leave in language such as “the receipt and sufficiency of which is hereby acknowledged.” That way, if the contractor ends up not making the payment, or the check is returned NSF, you can take the position that the release cannot be enforced against you because of a failure of consideration for the release. If the contractor won’t agree to change the language, remind him/her of the language of 713.20, Florida Statutes. If you have any concern about the precise language to be used in a release, consult with a licensed attorney.
Great information Thank you !!!!!
My contractor is refusing to provide me with partial release of liens before I make the second instalment out of 3 payments that are due. I have told him I will not pay until I have the lien releases. He is refusing to give it to me so I have not paid him the instalment due and I know he has not paid the subcontractor as of yet. The 45 days have not past for them to do a notice to owner. Should I wait until the 45 days are up before I even consider payment ?
Why is your contractor refusing to provide lien releases? How do you know there is only one subcontractor? What about suppliers? I think you need to schedule a consult with an attorney in your area who can review your written contract with your contractor, discuss the facts, and come up with a game plan to address the situation.
I have gotten a lawyer involved now but she is reviewing the contract now. The contract is for a fence and vinyl siding to be installed. He states he can not give me release of lien until the final payment. I argued that it is 2 separate jobs and I can have partial release of lien. He states no it does not work that way. He has done everything wrong as well including doing my siding in the wrong trim color.
In addition to reviewing the contract, your lawyer can advise you about partial lien releases and educate the contractor as well, and make sure you are protected from having to pay twice for improvements.
I am selling a house and provided the following signed and notarized document to the title company. I was told because it had a dollar amount in the “final consideration” that they interpreted that as the amount still owned, not the amount paid. The title company says the final consideration amount should be $0. Is the document below correct for a final waiver of lien?
Final Waiver of Release and Lien
The undersigned lienor, in consideration of final payment in the amount of $4,300.00, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to (address of property of work done) on the job of (name of property owner) of the following described property: new roof
Date: (date signed) Lienor (Company) ___________________
(Name/Signature)____________________
(Title): ______Owner________
State of Florida
County of Sarasota
The foregoing instrument was acknowledged before me by (Name) as (Title: Owner) of (name of Lienor/Company, who is personally known to me or has produced as identification Florida Driver’s License on the (day of month and year).
(Notary Signature)
(Notary Printed Name)
(Notary Commission Expiration Date )
Your form doesn’t track the statutory form. The described property is not the work being performed, it is the description of the property being improved (preferably the legal description and street address). I don’t understand your question. If you have an executed lien release in proper form from your contractor, and there are no subcontractors unpaid, it sounds like the title company wants the contractor to provide a contractor’s final affidavit showing that there are no unpaid subs and that it has been paid in full. Ask for clarification from the title company. If you still have an issue, contact an attorney.
Keep up the good works.
Well appreciated by those of us in occasional need.
I’m filling out Notice to owner and I’m not sure what goes in the section that says under an order given by _______________
see below,
(Materials and labor) for the improvement of the real property identified as (property description) under an order given by_______________.
What goes in that section is the name of the person/entity you are contracting with, whether it is the general contractor, a subcontractor, or a sub-subcontractor.
My company did work for a homeowner and have been trying to collect payment for 2 years, even sent them into collections. I was told my next option is to lein their property. I found a form but very confused how to fill it out. Would you happen to have a sample form? This is the one I have
WARNING!
THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.
CLAIM OF LIEN
State of _____________
County of ____________
Before me, the undersigned notary public, personally appeared _____, who was duly sworn and says that she or he is (the lienor herein) (the agent of the lienor herein _____), whose address is _____; and that in accordance with a contract with _____, lienor furnished labor, services, or materials consisting of _____ on the following described real property in _____ County, Florida:
(Legal description of real property)
owned by _____ of a total value of $_____, of which there remains unpaid $_____, and furnished the first of the items on _____, (year) , and the last of the items on _____, (year) ; and (if the lien is claimed by one not in privity with the owner) that the lienor served her or his notice to owner on _____, (year) , by _____; and (if required) that the lienor served copies of the notice on the contractor on _____, (year) , by _____ and on the subcontractor, _____, on _____, (year) , by _____.
(Signature)
Sworn to (or affirmed) and subscribed before me this _____ day of _____, (year) , by (name of person making statement) .
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known ____ OR Produced Identification ____
Type of Identification Produced ____________________
Unfortunately, a claim of lien has to be recorded within 90 days after last substantive work is performed (punch list doesn’t count). It sounds like you are too late to file a lien.
leelhaas thank you for always giving providing excellent advice I am grateful . I recently dealt with the 90 day deadline fortunately I made it otherwise I would have had to take deadbeat to small claims, You should converse w/ an attorney about the statute of limitations for this matter, or google it. 2 years is a mighty long time I’m not an atorney though I wanna think its only 1 year, you really should consult w/ a construction attorney they’re the experts. I wish you the best, nothing aggravates me more than a deadbeat
The statute of limitations on a lien is only one year. The statute of limitations on an oral contract is 4 years and the statute of limitations on a written contract is 5 years. However, if you’re a subcontractor dealing with a general contractor, it is important to be able to bring an action within one year so that you can sue both the owner and the general contractor to get paid for your work. Also, the lien statute provides for prevailing party attorneys’ fees. Your written contract may or may not provide for prevailing party attorneys’ fees, and there is no right to attorneys’ fees under an oral contract.
Greetings. Our General Contractor abandoned the project about 80% into it. We are now looking for a new Contractor to finish the project but are being told that the former Contractor must sign a Lien Release and a Final Payment Affidavit in order to be able to record a Notice of Termination and then file a new Notice of Commencement for the new Contractor. The former Contractor is no were to be found. Is there any other way to resolve this?. We always received a Partial Lien Release from the former contractor when payments were made, have copies of cancelled checks and never received any Notice to Owner from anyone. Thank you.
Who is telling you that the former contractor must sign a lien release? Have you consulted with an attorney who is familiar with Florida’s construction lien law? If not, you need to do so.
My company did work for a client about a year ago and the client paid half at the start of the job but has refused to pay the balance. Is it possible for us to file a lien on the client or is it too late?
The contractor has 90 days from the date of substantial completion of its work within which to file a lien. From your description, it sounds like the work was completed more than 90 days ago, so it is too late to file a lien. However, a breach of contract action could still be filed.
My company did work for a client and ha payed for the work; he then disputed this the credit card company. The first time he disputed the claim they ruled in our favor, then today we found out that they ruled in his favor. Due to the dispute it brought us over the 90 days. Can we still file for a lien?
The statute is clear. The claim of lien must be filed within 90 days of substantial completion of the work. You can still sue the client for breach of contract, but filing a claim of lien would not help you.
Thank you so much for answering our question.
Does the final release of lien have to be notarized?
The statute does not expressly require it, but it is recommended so that the lienor doesn’t deny that he/she/it actually signed the lien release.
Excellentd resources, thanks a lot. I would like what form should i use for release an AOB? (assignement of benefits) thanks again!!
Please explain exactly what you are referring to. I am familiar with assignments of benefits in the context of patients assigning insurance benefits to medical providers, but not in the construction context.
This is the perfect resource for those of us that need to check a detail as well as training new staff on the lien process. Thank you.
If we put a lien on a property for not receiving payment and we got the final payment after the lien was issued what are the steps I need to take in order to take the lien off? Do I just need to send them the final release?
First, make sure the payment clears before you do anything. Second, record a satisfaction of the lien in the public records, just like you recorded the claim of lien.
Ok thank you! Also, do should I send a Notice To Owner to every job we get subcontracted for even before we start the job? Or should this be sent if we have not received payment within the Net Terms? I have a lot of contractors asking me why I am sending them this document.
If you want some insurance that you will get paid on your jobs, you want to do a notice to owner on every job where you are a subcontractor. This notice should be sent no earlier than when you have a signed agreement with the general contractor and no later than when you start to perform work. Although the statute allows for up to 45 days after starting to perform work, waiting till the end is a recipe for disaster.
You are not required to send the notice to owner to the general contractor unless you are acting as a sub-subcontractor. If you are acting as a subcontractor, that may explain why they are asking â youâre not required to serve them with a notice.
florida-bar-certification-business-litigationLee L. Haas, B.C.S.
HC Logo-2
19321-C U.S. Hwy 19 N, Ste. 401
Clearwater, Florida 33764
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lee@haas-castillo.com
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I performed work at a house in Fl. No contract. The owner lives in another state and I only have a PO box address for them. How do I serve a notice to owner, can I just send it to the PO box?
More information is needed. Did you perform work as a contractor, subcontractor, or laborer? When you say no contract, do you mean that there was no written contract? What was the amount of the direct contract (the contract between the owner and general contractor)? Was there a notice of commencement recorded for the property?
If a lien was put on a property with the NTO being sent after the 45 days and we need to take the lien off what form do I need to send? Is it still the Satisfaction of Lien form even though they still owe us money?
You should consult with your attorney before recording any document, but I believe you want to record a release of lien, not a satisfaction of lien.
ok thank you!
An installer did our tile and did not do a complete or satisfactory job. I want to deduct payment from the final invioce and hire someone else to fix the mistakes. What forms should I use to ensure that this installer will not put a lien on my home? Also do you know anything about sales tax on labor in florida? I bought the materials. Thank you.
I believe that before you can unilaterally deduct payment from the final invoice, you must give the installer an opportunity (preferably in writing) to correct its defective performance, unless the installer has already indicated (again, preferably in writing) that it will not correct the defective work. Unfortunately, there is no way to guarantee that the installer won’t file a lien. All you can do is put yourself in a good position to defend against a lien claim. That includes getting a detailed estimate from a qualified professional about the cost to repair or replace the defective work. Make sure that person is prepared to testify about the need to repair or replace the work, or get someone else who is. Otherwise, you may have a nasty surprise if a lien is filed and suit is filed and your repair person expresses reluctance to say that the work was defective, or has the credentials to back up that claim. It is my understanding that there is no sales tax on labor only. You should check with a tax professional to be sure.
Thank you. What if upon file payent I have the inataller sign a lien release or waiver of some sort?
If the installer will do so, that would avoid a claim of lien.
What form to use to discharge a lien? I’m a contractor. A sub contractor filed a claim of lien but a year has passed and no suit/enforcement proceedings have been filed. How do I discharge the lien? What’s the form and what’s the procedure?
Please indicate which form to use (as a property owner) to release a lien placed against my property by a subcontracer. Note that there has been no enforcement action taken or suit filed for over the 1 year statutory period. Also indicate who has to sign the release (building owner? contractor?). Do i have to give the lienholder notice once the release has been recorded? I cannot find him.
Thank you
If no action was taken on the lien within one year of recording, then it has already been effectively discharged by the passage of time.
Thank you for your response. I understand that the lien is discharged, but the building owner is trying to re-finance and the title search still shows the lien. Any idea what I (or the building owner) can do in this situation?
To RK’s comment below, I can only suggest getting a real property involved on your behalf, or getting the title company to engage its counsel to tell them what to do.
I have 2 questions 1.I have a customer who cancel a contract before it was up owing me over 600.00 . What can I send them to get my money owed ? 2. I have a company cancel with them owing thousands. The person who signed the contracts has left the company . With that they have been paying they just out if the blue canceled. What can I legally do ? Thanks, Shelia Gideon
You need to contact an attorney to advise you. This site is to provide forms and general information, not to provide legal advice to address a specific problem.
We are a subcontractor that didn’t file the original notice within 45 days so therefore we are not able to place a lien when the contractor won’t pay us ? Is there some form we can send to the bank to let them know we are owed money so thru can’t close without our release of lien ?
If you are a subcontractor that failed to serve a notice to owner and therefore unable to place a lien, then I know of no form that you can use to do what you propose. You should consult with an attorney regarding your legal rights against the contractor.
Our homeowners association has a house in the neighborhood that is in foreclosure. Which form should I use to file a lien to collect the homeowner association annual dues?
The forms available on this website relate solely to construction liens governed by Chapter 713, Florida Statutes. Homeowner association liens are governed by Chapter 720, Florida Statutes. You should not use a construction lien form for a homeowners’ association lien.
Thank you, this site is very helpful!
What should the NTO looki like if the “owner” is actually leasing from someone else (and that person has also filed a Memorandum of Ground Lease)?
Before you get to the NTO, the first thing you need to do is insist upon a copy of the lease between the owner (landlord) and the contracting parting (tenant) to see if it addresses leasehold improvements. If the lease does not require the tenant to do a build-out or other modification and it contains a provision prohibiting the attachment of any liens, you may want to reconsider whether you will contract to do the work, because there is a possibility that no lien will attach, even if you give a proper notice to the owner that includes the landlord and the tenant. Review section 713.10, Florida Statutes. This is one of those situations that it is best to consult with an attorney if there is any concern about getting paid.
Thank you for posting these resources! I am about to start doing joint check agreements with my GCs subcontractors because on many occasions he has not paid the subcontractors.
I unfortunately never did s partial release of lien for all the payments I have done so far, should I request the GC to sign now, we are about 60% into the project.
Since this will be the first time I do a “partial release of lien” with a subcontractor, I am confused if I should be more specific on the wording as per include that I am doing a down payment (with roofer) to commence work. Or just use the standard form?
Thank you in advance,
Jacqueline
You should contact an attorney to help you prepare a custom partial lien release for all subs to sign releasing all prior work, not just since the last draw or pay request.
Why would you be paying a subcontractor a down payment (essentially, an advance), rather than paying them in arrears?
what recousre does a contractor have after filing the lien. Do i just wait until l he decides to sell to get paid. In thirty years this is the first time I didn’t get paid for the job, i”m not sure how to proceed. Thanks
If the owner does nothing, you have one year from the date of filing the claim of lien to file suit to foreclose the lien. If the owner serves a notice of contest of lien, you have 60 days to file suit to foreclose the lien. If the owner has a show cause order served, you have 20 days to file suit to foreclose the lien. If you don’t time file suit under any of these three scenarios, you lose the right to enforce the lien. If you do business in corporate form, you must hire an attorney to do the foreclosure, as a corporation cannot represent itself in court except in small claims matters, and lien foreclosure is never a small claims matter.
A new roof was installed and 2 days later we had a pre-hurricaine rainstorm. The roofer did not cover the drain, it filled with tar and a flood ensued causing major damages to the interior of my house — He lied about the drain until his plumber pulled the tar out of the drain after working on it for 2 hrs.
He used a subcontractor. He refused to file a claim with his insurance company so the sub filed with his insur company. The sub’s insurance company’s settlement was unacceptable so I hired a public adjustor and filed a claim with my insurance company. The damages will probably amount to $60K plus — the house was renovated less than 2 years ago with new wood floors, crown molding, new kitchen, etc…all damaged and in need of replacement. It is a mess. The roofing contractor filed a lien. What do I have to do to contest the lien?
A lien is not self-executing, so you have three choices. You can do nothing, and if the contractor doesn’t file suit within one year of filing the lien, it simply goes away. The second option is to file and serve a notice of contest of lien (a form available on this site), which shortens the time for a contractor to file suit to foreclose the lien to 60 days from service of the notice. The third option is to file a complaint for an order to show cause why the lien should not be discharged. The clerk issues a summons that is served with the complaint on the contractor. If the contractor fails to file an independent action, file a counterclaim to the complaint for order to show cause, or show good cause within 20 days after service of the summons and complaint, the lien is discharged.
Do I need to have the Contest of Lien letter notarized? or can I jsut keep copies and send certified letters?
The notice doesn’t have to be notarized, but it has to be recorded in the public records. A copy must also be mailed by certified mail to the lienor. Although the clerk is supposed to do this, it’s always a good idea to also do it yourself.
I was hired as a laborer by the homeowner to do punch out work and any other work to help out the sub to get the home owner moved in as quick as possible. Most my estimate where in text or verbal can I file a lien for my labor and materials. I took pictures from start to finish.
Your problem is going to be proving the existence of a contract or, if there was no contract, the reasonable value of your services (quantum meruit). It would be a good idea to consult with an attorney before filing a lien.
I work for a small company that did several job for a construction company that just fired all it’s employees and closed the doors. They owe us money for the last several jobs we did for them and I sent NTO’s to each of the large jobs. After investigating I found that this company was being financed by a large invest group, so I reached out to them and luckily since these are new homes and they want to sell them, we negotiated a settlement. After a few weeks of going back and forth, they finally told me they had a check ready and they wanted Final ROLS, I prepared them and they did not want to use mine, they sent me their own,only they have prepared ROLS for several properties we did not do work on and have them listed for $0, then they also prepared a final payment affidavit with all the address listed. We obviously told them we can not sign releases for properties we did not work on but we cannot sign a final payment affidavit with the address listed either. Now they have postponed the check again. I want to get liens prepared for these properties because I believe they are trying to waste our time to shorten our window for liens. Can I simply fill out the form you have here and file it in the County where the address is located or is there more to the process? When contacting an attorney they gave me, this is such a hard and tedious process, you will have to pay us for at least 2-3 hours of work on each lien (which runs in the thousands of dollars). I cannot see paying more than what is owed to us just filing liens.
You should consider contacting another attorney to advise you, as I perceive some issues raised by your post that should be carefully evaluated. You should only file a lien against a property for which you timely and properly served an NTO, assuming you can do so within the applicable 90 day window. You should not be giving a release of lien on a property for which you never rendered services or materials. Each job has to be individually considered.
I am in all time restraints for the liens to be filed. This person representing the investors sent me another set of ROLS again with projects we did not work on with this message: We have a lot of subcontractors who are trying to deceive us showing they were owed on other projects. We are making all subcontractors/vendors sign an affidavit that after we pay you, it removed each of our liabilities from all our projects. it is meant to state that you are paid and releasing all liens by the owner of the property. Even if you have not worked at other properties, it does not state that you have.
He is telling me this is a common and legal practice in the construction business. Not in any business that I ever worked at. I want to get this check they keep dangling over my head because our company needs to pay suppliers. Also I have been fortunate enough not to ever have to file liens before.
It is not a common or legal practice in the construction industry.
Would there be an issue with signing a final payment affidavit that has listed all these properties but stating the amount they only us on it for 5 of them? It does not lists any amounts with these addresses.
I encourage you to retain an attorney to give specific legal advice.
Hello,
I am in dispute with a pool company that did not build my pool deck properly and initially agreed to correct it but subsequently changed their minds. They agreed (in writing) to settle for me paying $1400 of the $2500 that I still owed. Today they changed their minds again and decided they want $1500; they informed me that if I don’t pay by end of business day today then they’re filing for a lien.
My pool was finished (water filled in it, my pool instructions given to me by the company and the pool guy hired and maintaining it) by 2/15. The only services they provided afterwards was rescheduling failed inspections for electrical and improper window alarm placements; which both were their fault. The final inspection passed the second time around on 3/14. When does the 90 day time frame for them to file a lien begin? 2/15 when the pool was finished or 3/14 when it finally passed inspection?
Thank you!!
Section 713.08(5), Florida Statutes refers to final furnishing of labor or materials. The question of what constitutes final furnishing is not always so simple. Florida courts use a four part test to decide this issue. The four parts are: whether the work was done in good faith, within a reasonable time, pursuant to the terms of the contract, and necessary to a finished job. Here, the contractor might argue that without doing what was necessary to get the failed inspection passed, the job could not be considered finished. You should probably consult with an attorney to look more closely at the facts in light of the four part test utilized by Florida courts.
As a design professional (engineer), how would I go about filing a lien on client?
Thanks ~ Brent
First, you should read section 713.03, Florida Statutes, which governs liens of professionals. Then, you need to follow 713.08, which describes how to prepare and record the claim of lien. If you’re still not sure exactly what to do, consult with an attorney who is familiar with construction lien law to make sure your lien complies with the statutes.
Good afternoon! My Kansas company supplied a Florida residence with spot air conditioning units during the renovation of this property. This service was contracted for between my company and the owner (a “direct contract”). My company was never paid for the services, but I was concerned with whether Florida would recognize my services as eligible for a lien. Under the “Definitions” section of the FL Construction Lien statute, “furnish materials” includes supplying rental equipment, which is exactly what my company did. Additionally, it appears my company also fits the definition of “materialman.” However, I was concerned with filing the lien due to the fact that the air conditioning units were not permanently installed, and thus, do not contribute as a permanent improvement to the property. Still, I feel that as the contractor, we furnished materials (the air conditioning units) to the site of the improvement. Further, we supplied rental equipment as stated within the definition of “furnish materials.” Please advise if you have any information on my predicament. I still am within the acceptable time to file the lien, as the work was completed near the end of July 2017.
You need to contact a licensed Florida attorney for specific legal advice.
Thank you for all the resources, I have found the questions and your answers very helpful.
Can I email notice to owner forms to everyone I need to?
Section 713.18 does not provide for emailed service of a notice and there is no reported decision at this time authorizing service by email. Follow the statute to avoid losing lien rights.
Im a subcontractor and its exactly 45 days since I finished my work at a house, I was hired by the GC. There’s no way for me to mail notice to owner in he 45 day window now, Am I just out of luck? The contractor has been stringing me along this entire time making me think the check was in the mail,
If it’s the 45th day, the only way to accomplish a guaranteed timely notice to owner is by hand delivery. If hand delivery is impossible, you might be able to convince a court that a fax, with confirmation of transmission, was timely notice. There is one Florida case that could be argued to stand for that proposition.
is it possible to use the old 45 ” business days ” ? Would be sweet if I could use that to my advantage for once.
No. 45 days is 45 calendar days. The statute even provides that if you’re going to mail it certified mail, you have to mail it by the 40th day so that even if receipt is delayed, it will be presumed timely. If you mail it on the 42nd day and it’s received on the 46th day, you’re out of luck.
I’m having trouble finding the contractors address because all the information I have and what is available online is his old business address. I have the home owners info but the contractor is now working from his place of residence and I just don’t have that piece of information.
Read 713.18, Florida Statutes, which is available online. If you can’t find the contractor’s address (including searching the online DBPR licensee record database), then you post on the property.
I am a homeowner, whose roof was damaged in Irma. I hired a local man who did a neighbors roof and who gave me with a business card with his name, a CGC license number and said he was licensed and insured. I verified that the license number was ‘active’ but went no further as this guy also lives in our neighborhood. He gave me an estimate via text (11/21/17) altho I told him I would need it on paper. Long story short, I gave him a partial payment to get started (he started 11/24/17), gave him another payment after the house passed final inspection (12/8/17), but withheld $1,000 of the final payment because of damages to the house which I discussed with him. (EVERY time I spoke with him, I told him I needed a written contract. He said he’d get me one.) He said he would make everything “beautiful”. He didn’t. Now, he is demanding his money, advises that I am a “problem” and that he won’t fix any of it because his job was ‘only the roof’ not to fix my house and he’ll lien the house. Told him to go ahead, I’d fight it and he still wldn’t have his money. Regardless, I am not trying to screw this guy out of his money. I am a subcontractor in another field and have many friends who are contractors (2 who came to the house to see what was screwed up and verified that I was not being unreasonable). I just want the things fixed that were caused by his negligence. After reading these blogs (given to me by my wonderful contractor friends), I can know I’ve done many things wrong. I intend to send him a certified letter demanding repair of the damages, but wonder (legally) what could happen? I never signed a contract. I don’t have a contract. The only thing I ever signed was a NOC. AND, when I called the State to talk to somebody about this, I found out that the CGC license printed on his card is not licensed to him and that he forged this man’s signature to the building permit. So, my real question is, since there is no contract, what can he legally do to me??? Again, if he wld make the proper repairs, I wouldn’t hesitate to pay him (and never recommend him for a job again). Sorry so long.
You need to contact an attorney for legal advice. This website is not intended for that purpose. You might also want to review sections 489.127 and 489.128, Florida Statutes and consider contacting law enforcement.
Ok, Thanks. Love the information here tho’ and appreciate it.
I have a question about who receives the ORIGINAL Release of Liens. As far as I was ever told the OWNER is to receive original of your ROL as a subcontractor. If as a subcontractor we use materials and they NTO the owner, we are to get the ROL and furnish a copy to the owner, us keeping the original and then supplying them with our ROL. I have a contractor, not the GC or owner insisting on receiving the originals in his hand.
Which is true?
I don’t know that it matters much who gets the original as opposed to a copy. However, since the contractor is the one making payment, it should receive the original and you keep a copy. The contractor may need to pass on the original to the owner to get future payment from the owner. If the contractor fails to pass on the release of lien, you can always provide a copy to the owner.
Can they refuse payment for not receiving the original?
I mean can they refuse t pay us even if we give them our original ROL , if we do not give them and original ROL for our materials?
A general contractor can insist upon a release of lien from a materialman to a subcontractor and can require the subcontractor to obtain the release from the materialman as a condition of payment, because the owner is at risk of a lien from a materialman to a subcontractor who has given a NTO.
Thank you so much for your reply.
Can a subcontractor NTO the Hard Rock Casino? I have been told yes- to notify them you are working there and no because they are Sovereign Land.
You can serve a notice to owner, but it won’t have meaningful effect because you cannot file a lien against the casino because it is sovereign land. A subcontractor should be very careful deciding whether to work for a contractor working on sovereign tribal land.
How do you reply to a material company that has served an NTO through NACM services then? Also how does one go about finding the bond information and or Notice Of Commencement for such jobs?
I don’t understand your questions. What reply to a material company are you referring to? I don’t know if a NOC is required on a tribal job, because there are no lien rights. The only way to find out about a bond is to get the information directly from the owner, assuming you’re referring to a tribal job.
A company that supplied material for the job has served a NTO on the Tribe, the Casino and the trustee of the tribe at the dept of Indian Affairs, all the way down to us. They want the bond information to rescind the NTO. I could not find a NOC or Bond info for the construction at Hard Rock. Shouldn’t that be file and part of public records?
Sorry meant to say they serve all first three as owners and then copied GC and subs.
I don’t see the point of trying to rescind an NTO. I don’t know if a tribe is required to file a NOC because it isn’t subject to Chapter 713. Therefore, getting bond infomration may be difficult. I think the best bet is to go to the general contractor and get this information. I would hope that the general contractor made sure there was a bond in place for its protection before it contracted for the work.
I am a subcontractor who filed a lien, now the contractor is saying they have the payment but won’t release it until I release the lien. Isn’t that wrong? They need to pay me first, then I release the lien..correct?
You either exchange the lien release at the time of payment or you make the lien release conditional upon receipt of the payment.
Thanks for the info. How can you exchange a lien release at time of payment, when it needs to be filed before it’s actually released. I am on my way to the contractor to see about getting the check from them (they sent me a photo of it, but don’t want to give it to me until I file the release). But I want to stay protected by the lien, if the check is no good. And a conditional release upon payment would mean I have to file a final release too??? I don’t want to do that, just want to be protected and it be done properly
I have a question, I file a lien about two months ago, I just found out that the hired a bond company and the lien was bonded a month ago and I never got a noticed. I live in Florida is there a way you can tell me what I have to do when the lien is bonded?? I need your help, Thanks
You need to read section 713.24, Florida Statutes. I’m at a loss to understand why you didn’t get notice of the transfer to bond. That notice is to be mailed by the clerk of court.
Good evening,
I am the owner of a biohazardous decontamination company. I completed a decomposition cleaning and was paid 50% up front with a balance of 50%. The POA signed my estimate and contract, as his sister is in Sweden and not returning. He is not making me whole, at this time, with payment/balance. I am sending him an NTO, certified and return receipt tomorrow. How long do I need to wait to file a lien on the property until I receive the balance due? Also, if he refuses to pay once lien is placed, can I also file in small claims court? or just wait until the home sells to get my money?
Thank you!
You should consult with an attorney for specific legal advice. This blog is to provide general information and an understanding of the workings of Florida lien law.
Mario
this job is reroofing plus 2 new skylights and new gutters and leaders the job is finished and approved by the Building Inspector I gave them already 2 payments and I do have to give now the final.
I do believe that I should ask for Lien waivers for the Contractor plus the 2 subcontractors that we have there done the job and the materials supplier, before the Final Payment, I’m in Naples Fl. Please advise
You should ask for lien waivers from the contractor and the subs, and also request a contractor’s final affidavit.
If an owner files a request for a sworn statement of account, and the lienor fails to respond within 30 days, what must the owner then do to get the lien discharged for failure to comply with 713.16?
Great question, and the statute doesn’t appear to have the answer. My belief, and it is only that, is that the owner files a notice of contest of lien and states the basis for contesting the lien. If the lienor doesn’t file an action in 60 days, then the notice of contest will be viewed as providing a discharge. If the lienor does file an action, then failure to comply with 713.16 should be the basis for a motion for summary judgment.
I file a lien but a bond company bond the lien, what can I do now. Thank you
You need to hire an attorney who can assist you in pursuing a claim against the bond.
Really helpful info here!
As GC in direct contract with the owner, can I file claim of lien for the amounts that owner did not pay me for subs last payment?
I believe you can, assuming the amount owed for the subs is part of your contract price and you have paid the subs. The money is owed to you for paying your subs. If you have not paid the subs and don’t intend to, then they will have to file the liens, but may also sue you for breach of contract.
My intention is to have the subcontractors payed with the owners funds.
If owner owes me for the subcontractors work and materials and I owe to subcontractors, shouldn’t I file a claim of lien on owner property for the amount the owner owes to everybody?
The answer is probably yes, but you should consult with an attorney before filing to make sure he/she has all the facts.
Thank you!
Hello where are trying to file civil suite to a customer we painted for. We were told we can apply for a mechanics lein. We are trying to find out where to find this form.
The form is available on this site. It can also be found here. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.08.html
Hello,
We are having granite installed, and the fabricator has been procrastinating for 9 weeks. He required 75% payment (and has cashed those two checks- one 9 weeks ago and one 7 weeks ago). He did install the count after 6 weeks (he cancelled the templating appointments twice) but is now cancelling the full height backsplash install- like he did the templating and countertop installation (he cancelled this once too). The question is- do we have to pay him the 25% remainder since he has taken 9 weeks thus far & still is not showing up for the backsplash installation? He cancelled again last Monday 😦
Also, can we file a lien against him or get the remainder of the granite? If yes, which form do we need to file?
You need to schedule a consult with an attorney. The attorney will want to see any written contract and any other communications or documents exchanged between you and the contractor before deciding on a course of action.
Thank you
I have to spoke to an attorney. We only have texts & verbal agreements. He said that it comes down to writing a letter and then filing if the letter is not a motivator.
Supposedly the fabricator is “definitely coming this Monday “. So, yesterday I also asked the attorney if I have to pay the remaining 25%, because of “reasonable amount of time” obviously playing a role here- he cashed a check on April 30 & one May 13- texts quote a completion date of June 10. Counsel says he wouldn’t pay the 25%, but the court would determine what is “reasonable amount of time”. I’m afraid that they may say; although it all began April 30 it is only two weeks past June 10. To me and the attorney cancelling five times and drawing out this affair for 9 weeks with my few thousands of dollars cashed is heinous, but who is to know if the court will agree if 2-9 weeks is a “reasonable amount of time” or if it has to be a few months or 6? The attorney & court costs are another $525- Not to mention lost wages to pursue this.
I was hopeful that someone on here may have had a similar experience and would know if this is a mute point or if pursuing it legally would have a high percent rate of of success.
So frustrating 😦