florida conditional lien waiver needed for all subs, drywall related so hanger, finisher, supplier and subcontractor.....4 separate forms, trying to understasnd how to fill out .....maker of check.....amount of check....and check payable to.........Read More
I’m a Florida real estate agent and I have a listing to sell a home that is currently under renovation for 6 months. Can a buyer close on the home prior to completed construction without assuming the liability that goes along with the construction? Are there any waivers or documents that protect a 3rd party buyer? ...Read More
Does the word "Upon" turn the Florida unconditional lien waiver into a conditional lien waiver?
UNCONDITIONAL WAIVER AND RELEASE OF LIEN
UPON PROGRESS PAYMENT
(Pursuant to Florida Statutes Annotated § 713.20)
The undersigned lienor, in consideration of the sum of $______________, hereby waives
and releases its lien and right to claim a lien for labor, services, or materials furnished through
(insert date) to
(insert the name of your customer) on the job of
(insert the name of the owner) to the
following property:
______________________________________________________________________
(description of property)
______________________________________________________________________
______________________________________________________________________
This waiver and release does not cover any retention of labor, services, or materials
furnished after the date specified.
DATED on _______________, 20_____ _________________________________________
(Claimant name)
By: ___________________________________
Its: ___________________________________
Address:____________________________
___________________________________
Phone: ____________________________
Fax: _______________________________ ...Read More
If a contractor has already filed a lien, then months later signs a lien waiver for a different amount than original lien, can the original lien still be executed, and forclosed?...Read More
We are a Crime Scene Trauma Scene company; we provided services on a home in Port St. Lucie, Florida. The clean-up was completed and per our signed service agreement we processed the invoice through the (deceased) homeowner's insurance. The estranged husband was automatically listed as the next (per the insurance company) of kin and became the executor of the estate. He is the person that signed our service agreement. The insurance company issued a payment for our services in the form of a check and listed it as "IN THE ESTATE OF ______________". We were led to believe that the Executor (estranged husband) was in the process of setting things up with the estate lawyer and would have the estate (lawyer) pay our company for the services we provided. We have just learned that the executor (estranged husband) has just gone to the county to change the deed of the home into his personal name, and we have yet to receive payment for the services we provided. We want to place a lien on the home for our services. Is it possible to place a lien, is it possible to place a lien on the estate of the deceased, and on the Estranged husband?...Read More
We are a subcontractor and are owed just under $1,400,000 from the General Contractor we did Hurrican Ian work in Florida. The work ended in November/December. They are no longer taking our calls and ignoring emails. They state that we get paid when their carrier pays them. We need to file our liens right away....Read More
Need to hire a painter in Aventura, FL (the city has its own requirements, but for now I want to know at least the state requirements). I got two quotes one for $2,000 and one for $3,100. However the more expensive one can start immediately (I am pressed on time). Do I have to deal with any permits, NOC, etc. just for a paint job for the walls of my condo? If a painter is not licensed, is that a problem or do I need to look for licensed ones?...Read More
I have a waiver from a customer that is ambiguous to me. Can you tell me if this is conditional or un-?
"THE UNDERSIGNED, Lienor/Claimant, as an inducement to payment in the amount of XXX, by CONTRACTOR, the value, receipt and sufficiency of which being hereby acknowledged, does hereby on its own behalf and on behalf of its heirs, assigns and successors, as of the Effective Date hereof, freely, knowingly, intentionally and without any undue influence whatsoever, waive, relinquish, release and forever discharge Contractor and any of its sureties under any applicable surety bond, and does hereby waive, release and forever discharge the following described real property, to-wit: [property info]
"("the property"), from any claim, demand, lien, claim of lien, right of lien, and causes of action at law or equity of any kind whatsoever of Lienor/Claimant, specifically including, but not limited to, the rights contemplated by Chapters 255 and 713, Florida Statutes, arising out of or by reason of Lienor/Claimant having, directly or indirectly, furnished labor, materials, and/or supplies incorporated or to be incorporated into the property. Lienor/Claimant further represents that all laborers, materialmen, suppliers, sub-contractors, and sub-contractors supplying labor, materials and/or supplies to or through Lienor/Claimant from the beginning of the project through and including the Effective Date hereof, have been paid in full.
"Lienor/Claimant by virtue of its signature hereby designates the scope of this Release to be as follows: FINAL RELEASE THROUGH EFFECTIVE DATE: This release is full, final and complete for all labor, materials and/or supplies furnished through and including the 25th day of MONTH, 2022 ("Effective Date"), whether or not their reasonable value is represented by any amount paid heretofore and paid hereunder.
"The undersigned further represents that all materials and/or supplies furnished are new and of good quality, and free from defects and are in accordance with any applicable plans and specifications and all state, local, county and federal rules, regulations, codes and ordinances and all work has been performed in a workmanlike manner.
"The undersigned expressly acknowledges, having read and understood all provisions and effects of this release, and further expressly acknowledges authorization and authority to execute this instrument on behalf of Lienor/Claimant."
The only phrase that sounds potentially conditional to me is "as an inducement to payment" in the beginning.
The phrases that concern me are "does hereby waive, release and forever discharge the following described real property, to-wit: [property info] "("the property"), from any claim, demand, lien, claim of lien, right of lien, and causes of action at law or equity of any kind whatsoever of Lienor/Claimant, specifically including, but not limited to-" and "This release is full, final and complete for all labor, materials and/or supplies furnished through and including-."...Read More
We are a GC and we generate lien releases all the time. We have vendors that give us discounts for paying quickly. Shouldn't our release state the full value of the invoice? If we accept releases for the discounted amount - we could be liable for the difference - correct? ...Read More
How to regain your property after a mecanic foreclosure sale. The construction company did not finish the job and caused more damage than good, therefore, the
lender did not pay the construction company; I was not aware of all the court hearings-the
company signed a waiver of lien prior to starting...Read More
hello. I live in the state of Florida and I have been waiting for a year and a half for a payment of an invoice for a job I do in Cape Coral County. Every time I contact the contractor, he always tells me that he has not received payment for that job. what can i do? Thank you....Read More
The owner is in the process of terminating it’s current notice of commencement in order to file new one. Additionally, we as the sub have provided early notice to the owner, prior to furnishing. ...Read More
I am the property owner and customer trying to protect myself from a roofer who did a horrible job in the dry in phase. I read all your info. online and was perplexed the others online provide for notarization in their forms. So my concern is whether your form is accurate or needing up dating? Have the Florida statutes changed?
Thanks Allan Bartley...Read More
Sub-sub serves a notice to owner. Sub performs work, but doesn't provide you a bill from sub-sub. How do you protect yourself if sub-sub really did perform work during the pay period other than via a zero dollar release or some similar instrument? Thanks! ...Read More
I completed work for a client over 2 months ago. One month ago I inquired about my payment and was told that it would be taken care of. I waited another month and now they are asking for a signed lien waiver and the first one they sent was unconditional what do I do?...Read More