Contractor's Final Affidavit Form - Construction - Mechanic Liens - Individual
713.06 Liens of persons not in privity; proper payments.--
(1) A materialman or laborer, either of whom is not in privity
with the owner, or a subcontractor or sub-subcontractor who complies with
the provisions of this part and is subject to the limitations thereof,
has a lien on the real property improved for any money that is owed to
him or her for labor, services, or materials furnished in accordance with
his or her contract and with the direct contract and for any unpaid finance
charges due under the lienor's contract. A materialman or laborer, either
of whom is not in privity with the owner, or a subcontractor or sub-subcontractor
who complies with the provisions of this part and is subject to the limitations
thereof, also has a lien on the owner's real property for labor, services,
or materials furnished to improve public property if the improvement of
the public property is furnished in accordance with his or her contract
and with the direct contract. The total amount of all liens allowed under
this part for furnishing labor, services, or material covered by any certain
direct contract must not exceed the amount of the contract price fixed
by the direct contract except as provided in subsection (3). No person
may have a lien under this section except those lienors specified in it,
as their designations are defined in s. 713.01.
(2)(a) All lienors under this section, except laborers, as
a prerequisite to perfecting a lien under this chapter and recording a
claim of lien, must serve a notice on the owner setting forth the lienor's
name and address, a description sufficient for identification of the real
property, and the nature of the services or materials furnished or to be
furnished. A sub-subcontractor or a materialman to a subcontractor must
serve a copy of the notice on the contractor as a prerequisite to perfecting
a lien under this chapter and recording a claim of lien. A materialman
to a sub-subcontractor must serve a copy of the notice to owner on the
contractor as a prerequisite to perfecting a lien under this chapter and
recording a claim of lien. A materialman to a sub-subcontractor shall serve
the notice to owner on the subcontractor if the materialman knows the name
and address of the subcontractor. The notice must be served before commencing,
or not later than 45 days after commencing, to furnish his or her labor,
services, or materials, but, in any event, before the date of the owner's
disbursement of the final payment after the contractor has furnished the
affidavit under subparagraph (3)(d)1. The notice must be served regardless
of the method of payments by the owner, whether proper or improper, and
does not give to the lienor serving the notice any priority over other
lienors in the same category; and the failure to serve the notice, or to
timely serve it, is a complete defense to enforcement of a lien by any
person. The serving of the notice does not dispense with recording the
claim of lien. The notice is not a lien, cloud, or encumbrance on the real
property nor actual or constructive notice of any of them.
(b) If the owner, in his or her notice of commencement, has
designated a person in addition to himself or herself to receive a copy
of such lienor's notice, as provided in s. 713.13(1)(b), the lienor shall
serve a copy of his or her notice on the person so designated. The failure
by the lienor to serve such copy, however, does not invalidate an otherwise
valid lien.
(c) The notice may be in substantially the following form
and must include the information and the warning contained in the following
form: See form.
How to Order: To complete your order of the
form you have located, close this window and click on the order icon, or
Member Download link if you are a Registered User.
Help: If you need help locating a form, please use the Helpline
link on the main forms page.
Note: All Information and Previews are subject to the
Disclaimer located on the main forms page, and also linked at the bottom
of all search results.
