St. Petersburg Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Individual

State:
Florida
City:
St. Petersburg
Control #:
FL-03200
Format:
Word; 
Rich Text
Instant download

Description

This is the individual Contractor's final affidavit to owner.


The St. Petersburg Florida Contractor's Final Affidavit Form Constructionio— - Mechanic Liens - Individual is an important legal document utilized in the construction industry to ensure proper payment to contractors and subcontractors involved in a construction project. This affidavit serves as a declaration by the contractor asserting that all job-related debts and financial obligations have been fulfilled, confirming that the project is ready for its final inspection and payment. Key components of the St. Petersburg Florida Contractor's Final Affidavit Form include: 1. Identification details: The form requires the contractor to provide their personal information, such as name, address, phone number, and contractor's license number, ensuring accurate identification and contact information. 2. Project details: This section of the form mandates the inclusion of vital project information, including the name and address of the property being developed or renovated, the project owner's name, and the construction start and completion dates. 3. Description of work performed: Contractors are required to outline the specific tasks they have completed, emphasizing the scope and quality of their work. This section helps in evaluating whether the contractor has fulfilled their contractual obligations. 4. Subcontractor and supplier payment verification: The affidavit also includes a section where the contractor affirms that all subcontractors, suppliers, and other parties on the project have been adequately compensated. This ensures that all legal obligations towards those involved in the construction process are met. 5. Mechanic's lien waiver and release: The document may also include a mechanic's lien waiver and release, which grants full rights to the property owner, banks, or lending institutions regarding the constructed property. This waiver protects the property owner from any future lien claims due to non-payment by the contractor or supplier. It is worth noting that while the St. Petersburg Florida Contractor's Final Affidavit Form has a general structure, there may be variations or additional sections depending on the circumstances. Some common variations may include forms for subcontractors, different forms for residential and commercial projects, or separate forms for specific types of contractors (e.g., HVAC contractors, electrical contractors, plumbing contractors) within the construction industry.

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FAQ

Florida has statutory waiver forms, but they're not required While Florida is one of 12 states that provide statutory lien waiver forms, this state's law is unique in that contractors are not required to use the forms provided by the state.

WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

Contesting A Lien 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. Failure of the lienor to timely file a lawsuit renders the lien invalid.

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.

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

Know your deadline to file a Florida mechanics lien Lien claims can be recorded at any time during the construction project or within 90 days after the last day you furnished labor or materials to the property.

Contesting A Lien 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.

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.

As mentioned before, property owners can cancel a lien by filing a complaint that requires the contractor to show cause why their claim shouldn't be enforced or canceled. If the claimant fails to respond properly, the lien will be removed via court action.

Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Florida, they are frequently successful at producing payment (without having to take the next step of filing a lien).

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Homeowners about the recovery fund available); It's Time to Change Unfair Mechanics Lien Law,. ST. PETERSBURG TIMES, Oct.This part may be cited as the "Construction Lien Law. Construction contractor to provide customary performance and payment bonds. 21.02. Discharge. Fill out the form to access a sample of Practical Guidance. 1940.318 Completing environmental assessments for Class II actions.

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St. Petersburg Florida Contractor's Final Affidavit Form - Construction - Mechanic Liens - Individual