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

State:
Florida
City:
Tallahassee
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.

Tallahassee Florida Notice from Owner to Contractor to Furnish Contractor's Final Payment Affidavit — Corporation or LLC is an important document that aims to ensure transparency and compliance in the payment process between a construction project owner and a contractor. This notice specifically addresses the requirement for a final payment affidavit when dealing with a contractor registered as a corporation or Limited Liability Company (LLC) in Tallahassee, Florida. The purpose of this notice is to inform the contractor of their obligation to furnish a final payment affidavit before receiving their final payment for services rendered. By requesting this affidavit, the owner aims to confirm that all subcontractors, suppliers, and laborers involved in the project have been paid in full, thus minimizing the risk of potential liens or legal disputes related to unpaid bills. Keywords: Tallahassee Florida, Notice from Owner, Contractor's Final Payment Affidavit, Corporation, LLC, payment process, transparency, compliance, construction project, final payment, registered, obligation, subcontractors, suppliers, laborers, liens, legal disputes. Different types of Tallahassee Florida Notice from Owner to Contractor to Furnish Contractor's Final Payment Affidavit — Corporation or LLC may include: 1. Initial Notice: This type of notice can be issued at the beginning of a project to establish the expectation and requirement for a final payment affidavit from the contractor. It serves as a reminder of the contractor's responsibility to furnish the affidavit before receiving the final payment. 2. Reminder Notice: If the contractor fails to provide the final payment affidavit within a specified timeframe, the owner may issue a reminder notice. This serves as a gentle reminder of the pending obligation and emphasizes the importance of timely submission. 3. Non-Compliance Notice: In case the contractor repeatedly fails to provide the final payment affidavit despite prior notices, the owner may escalate the matter by sending a non-compliance notice. This notice highlights the potential consequences of non-compliance, such as withholding or delaying the final payment until the affidavit is provided. 4. Notification of Lien Potential: If the contractor fails to furnish the final payment affidavit, the owner may issue a notification of lien potential. This notice warns the contractor about the possibility of subcontractors, suppliers, or laborers filing liens against the property due to unpaid bills, emphasizing the importance of complying with the affidavit requirement. It is crucial for both owners and contractors to understand the significance of this notice and comply with the legal obligations it entails. Adhering to this process promotes transparency, enhances trust between parties, and reduces potential legal disputes.

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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

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.

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

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 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.

Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials.

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.

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