Does Florida have statutory lien waivers?

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.

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Florida Waiver of Right to Claim Against the Payment Bond (Progress...

Tampa Claim

Name: Tampa Florida Waiver of Right to Claim Against the Payment Bond (Progress Payment) - Corporation or LLC
Brand: US Legal Forms
Rating: 4.69 (224 reviews)

Category:

Florida Liens - Construction - Mechanics

State:

Florida

City:

Tampa

Control #:

FL-03229A

Format:

Instant download

Description

This Waiver of Right to Claim Against the Payment Bond (Progress Payment) is for use by a corporate or LLC lienor to waive its right to claim against the payment bond for labor, services, or materials furnished through a specific date on a particular job of an owner of property for improvements in consideration of a certain sum of money.

How to fill out Tampa Florida Waiver Of Right To Claim Against The Payment Bond (Progress Payment) - Corporation Or LLC?

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FAQ

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.

A lien right may be waived only to the extent of labor, services, or materials furnished. Any waiver of a right to claim a lien that is made in advance is unenforceable.

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.

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.

How to File a Bond Claim in Florida Step 1: Obtain a Copy of the Payment Bond.Step 2: Send Notice to Contractor.Step 3: Send Florida Notice of Nonpayment.Step 4: Enforce Your Florida Payment Bond Claim.

In short, a lien waiver is a document executed by a lien holder stating that they give up their right to file a construction lien on the subject property. Typically, a subcontractor has mechanics lien rights under Florida law; however, some projects mandate that the property remain lien free from start to finish.

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Tampa Claim

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