As a contractor in Florida, it is important to be aware of the contractor`s final payment affidavit. This document, also known as the final release of lien or waiver of lien, is used to ensure that you receive payment for your work and to protect the property owner from any future claims.
When a contractor completes work on a property, they must submit a final payment affidavit to the owner before receiving final payment. This affidavit certifies that all subcontractors and material suppliers have been paid in full and that no liens will be filed against the property in relation to the work performed.
In Florida, the contractor`s final payment affidavit is governed by section 713.06 of the Florida Statutes. This law requires that the affidavit be in writing and notarized. It must include a statement that all lienors have been paid in full or that payments have been made to the extent of the funds available for payment.
The affidavit must also contain the following information:
– The name of the property owner and the contractor
– The location of the property
– The date on which the work was completed
– The amount due to the contractor for the work performed
It is important to note that if the contractor fails to submit a final payment affidavit, the property owner may withhold final payment until the affidavit is provided. This can cause delays in payment and can even lead to legal action.
In addition to the contractor`s final payment affidavit, Florida law also requires that a notice to owner be given at the beginning of the project. This notice informs the property owner that the contractor is working on their property and provides them with information about their rights and responsibilities regarding payment. Failure to provide a notice to owner can result in the loss of lien rights.
In conclusion, as a contractor in Florida, it is crucial to be aware of the final payment affidavit and to ensure that all requirements are met. By following the guidelines set forth by the Florida Statutes, contractors can protect their rights and avoid legal disputes related to payment for their work.