Notice of Termination of Notice of Commencement Form - Construction - Mechanic Liens - Corporation or LLC
713.132 Notice of termination.--
(1) An owner may terminate the period of effectiveness of
a notice of commencement by executing, swearing to, and recording a notice
of termination that contains:
(a) The same information as the notice of commencement;
(b) The recording office document book and page reference
numbers and date of the notice of commencement;
(c) A statement of the date as of which the notice of commencement
is terminated, which date may not be earlier than 30 days after the notice
of termination is recorded;
(d) A statement specifying that the notice applies to all
the real property subject to the notice of commencement or specifying the
portion of such real property to which it applies;
(e) A statement that all lienors have been paid in full;
and
(f) A statement that the owner has, before recording the
notice of termination, served a copy of the notice of termination on the
contractor and on each lienor who has given notice. The owner is not required
to serve a copy of the notice of termination on any lienor who has executed
a waiver and release of lien upon final payment in accordance with s. 713.20.
(2) An owner has the right to rely on a contractor's affidavit
given under s. 713.06(3)(d), except with respect to lienors who have already
given notice, in connection with the execution, swearing to, and recording
of a notice of termination. However, the notice of termination must be
accompanied by the contractor's affidavit.
(3) An owner may not record a notice of termination except
after completion of construction, or after construction ceases before completion
and all lienors have been paid in full or pro rata in accordance with s.
713.06(4). If an owner or a contractor, by fraud or collusion, knowingly
makes any fraudulent statement or affidavit in a notice of termination
or any accompanying affidavit, the owner and the contractor, or either
of them, as the case may be, is liable to any lienor who suffers damages
as a result of the filing of the fraudulent notice of termination; and
any such lienor has a right of action for damages occasioned thereby.
(4) A notice of termination is effective to terminate the
notice of commencement at the later of 30 days after recording of the notice
of termination or the date stated in the notice of termination as the date
on which the notice of commencement is terminated, provided that the notice
of termination has been served pursuant to paragraph (1)(f) on the contractor
and on each lienor who has given notice.
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