Lien waiver forms are typically filled out by a member of a finance or accounting team. Everyone involved in a construction project — from the general contractor to suppliers — can send and request lien waiver forms.

According to Florida construction law, lien rights are given to general contractors, subcontractors, equipment lessors, material suppliers, and laborers. Architects, surveyors, engineers, and other related professionals are also entitled to request and send Florida lien waivers for their services for the improvement of real property (see §713.01(15) “improvement” explanation).

A lien release has to be filed with the same clerk with whom the original release of lien was filed. If the lien claimant is the one filing it, they should provide the lien release to the owner and whomever else the contract involves to make sure all are aware of the lien terms.

Essentially, a release of lien waives the right to sue a payor for non-payment. The lien waiver form acts as a receipt of payment so a lien can’t be placed on a property for the non-payment of construction costs.

Lien waivers cannot be used to waive the right to sue for claims of:

• Fraud
• Abandonment
• Recission
• Breach of contract

While there are statutory lien waiver forms that can be used in Florida, they are merely recommended and not required. Therefore, as long as the lien waiver language complies with all other guidelines, it can be enforceable and isn’t necessary to use Florida-issued forms.

An owner can file a Notice of Contest of Lien within the one-year period. Once the Notice of Contest of Lien is filed, a lienor must file a lawsuit to enforce said lien within 60 days. The lien is rendered invalid if the lienor fails to file the lawsuit in a timely manner.

Yes. Florida has two types of lien waiver forms (both of which are unconditional unless stated otherwise using conditional language in the lien):

• Release upon progress payment
• Lien waiver for final payment

In Florida, all lien waiver forms are unconditional unless conditional language is added to the lien waiver. Unconditional lien waiver forms are used for both progress payments and final payments. Important note: Unconditional lien waiver forms do not protect against insufficient funds (a bounced check). You should only sign an unconditional lien waiver request if funds are in your account.

In Florida, a lien waiver form is only conditional if conditional language is added to the form. It may be used before payment is made (the condition being that payment will be made and lien rights will then be waived upon receipt of payment) or for a final payment.

You have two available options — manually locate and complete Florida’s standard lien waiver forms or a variation of their standard forms, or use Flexbase’s templates to semi-automate the lien waiver process. We ensure accuracy and compliance.

No. Florida statute does not require that statutory lien waivers be notarized. However, if you use an alternate release of lien with terms that state it must be notarized, then it will be a requirement.

The only lien waiver you should sign before payment in Florida is a conditional lien waiver form (it must be made conditional by adding in a conditional section). This means you waive your right to place a lien on the property after payment is received.

No. Lien rights in Florida cannot be waived before work begins. Florida statute prohibits this practice.

A construction or mechanics lien generally must be enforced within a year of the original filing date, but the time period can be both extended and shortened by enforcement deadline exceptions.