Lienors Request For Sworn Statement From Owner Form - Construction - Mechanic Liens - Individual
Note: This summary is not intended
to be an all-inclusive summary.
Demand for copy of contract and statements of account; form.--
(1) 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) 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) A request for sworn statement of account must be in substantially
the following form: See form FL-03223.
(4) 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) 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) 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
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