Orange Florida Notice from Owner to Contractor to Furnish Contractor's Final Payment Affidavit - Corporation or LLC

State:
Florida
County:
Orange
Control #:
FL-03227A
Format:
Word; 
Rich Text
Instant download

Description

This Notice from Owner to Contractor to Furnish Contractor's Final Payment Affidavit is for use by a corporate or LLC owner to request that a contractor furnish a final payment affidavit stating that all lienors under the direct contract who have timely served a notice have been paid in full, or showing the name of each such lienor who has not been paid in full and the amount due or to become due each for labor, services, or materials furnished pursuant to contract for the construction of certain improvements to real property.

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FAQ

A Notice to Owner (NTO) is a written notice prescribed by Florida Statute (713.06) that officially advises the owner of an improvement that the sender, usually a subcontractor or supplier not dealing directly with the owner, is looking to the owner to be sure the sender is paid before payment is made to the contractor

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.

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.

By Barry Kalmanson, Esq. To enforce a construction lien, a notice to owner must be timely served by subcontractors, sub-subcontractors and materialmen.

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.

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 contractors and suppliers must generally send a preliminary notice within the first 45 days on a construction project. In Florida, preliminary notice is called a Notice to Owner, or NTO.

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.

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Orange Florida Notice from Owner to Contractor to Furnish Contractor's Final Payment Affidavit - Corporation or LLC