This is the individual Contractor's final affidavit to owner.
Cape Coral Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Individual
Category:
State:
Florida
City:
Cape Coral
Control #:
FL-03200
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Individual?
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FAQ
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.
Florida has an extremely unique approach to lien waivers. The state statutes do provide statutory lien waiver forms, but they aren't necessarily required. The fact that the parties can agree to use an alternate form, opens up the possibility of additional rights and claims being waived.
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.
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.
Florida is one of the 12 states that provide statutory lien waiver forms. So, within Florida's legal rules, there are actual form templates provided for lien waivers. And, the laws state that a form ?may? be used that is ?substantially similar? to the provided templates.
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.
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.
Florida Waivers Don't Have to Be Notarized The Florida statutes related to lien waivers do not require waivers to be notarized in order to be effective or enforceable. In fact, only 3 states ? Mississippi, Texas, and Wyoming ? enforce such a requirement.
If you want to remove a lien from your property, you need to do one of two things: 1) have the contractor record a release of the lien or 2) file an appeal to have the lien released.