Get Contractor's Affidavit

Definition of “finance charge” – Florida Statute 713.01 “Finance charge” means a contractually specified additional amount to be paid by the obligor on any balance that remains unpaid by the due date set forth in the credit agreement other contract.

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 signing the form, the contractor swears that payment has been made to everyone working on the project, except those listed on the affidavit.

The purpose of the Contractor's Final Payment Affidavit is to provide a sworn statement to the owner identifying any lienors who have not been paid in full and specifying how much money is still owed to those lienors.

Simply stated, it is a document advising the owner of a property that the contractor is asking for a final payment. It will also list if any, unpaid lienors. If there is nobody who has lien rights and is unpaid, there is a section in the form where you will write not applicable (N/A) or none.

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.

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.

A project is to be considered abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the prospective owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.

Discharge of lien. 713.21 Discharge of lien. —A lien properly perfected under 1this chapter may be discharged by any of the following methods: (1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk's office when not otherwise prohibited by law.

Florida Statute (713.06), requires that a Notice to Owner be served on the improvement owner not later than 45 days from the date of first labor, services, or materials delivered to the job site as a prerequisite to secure the sender's right to lien the property in the event the sender is not properly paid for work ...

This means that if a lien is filed against your property, your property could be sold against your will to pay for labor, materials, or other services which your contractor may have failed to pay.

Section 713.78 provides a towing company (that meets the definition and requirements of the statute) to place a lien on a vehicle for a reasonable towing fee, a reasonable administrative fee and a reasonable storage fee. §713.78(2), Fla.