Mechanics' Lien Waiver and Release

MECHANICS' LIEN WAIVER AND RELEASE

State of Florida

PRACTITIONER NOTES AND INSTRUCTIONS

Overview of Florida Construction Lien Waiver Law

Florida is one of the states that provides statutory lien waiver forms under Fla. Stat. § 713.20. The statute prescribes four categories of waiver forms: partial conditional, partial unconditional, final conditional, and final unconditional. While the statutory forms are the recommended safe harbor, parties may agree to use alternative forms if both parties consent in advance.

Key Florida Construction Lien Law Provisions

Florida Statutory Waiver Form Requirements (§ 713.20)

Statutory Forms: Florida prescribes four types of lien waiver forms:

1. Waiver and Release of Lien Upon Progress Payment (Partial Conditional)
2. Waiver and Release of Lien Upon Progress Payment (Partial Unconditional)
3. Waiver and Release of Lien Upon Final Payment (Final Conditional)
4. Waiver and Release of Lien Upon Final Payment (Final Unconditional)

Default Status: The statutory forms are unconditional as written. They become binding upon signing.

Adding Conditional Language: Fla. Stat. § 713.20(6) permits the claimant to add language conditioning the waiver on actual receipt and clearance of payment. The statute allows forms that are "substantially similar" to the prescribed templates.

Mandatory Use: A party may NOT require a contractor or subcontractor to use a form that differs from the statutory forms. An alternative form is enforceable only if both parties agree to it beforehand.

Advance Waiver Prohibition

Florida does not permit a blanket advance waiver of all lien rights before work begins. Under § 713.20, waivers must relate to specific payments for specific work periods.

Notice to Owner Requirement

All lienors other than the general contractor and laborers must serve a Notice to Owner within 45 days of first furnishing labor, services, or materials (§ 713.06(2)). Failure to serve timely notice may limit or bar lien rights. The Notice to Owner is separate from the lien waiver.

When to Use Each Form

1. Partial Conditional — Progress payment tendered but not cleared
2. Partial Unconditional — Progress payment received and cleared
3. Final Conditional — Final payment tendered but not cleared
4. Final Unconditional — Final payment received and cleared

Important Warnings

WARNING: Florida prescribes statutory waiver forms under § 713.20. While these templates are drafted to be substantially similar to the statutory forms, practitioners should verify current statutory language before use.

WARNING: Under § 713.21, a lienor who has received payment must furnish a satisfaction or release of claim of lien within five (5) days of demand. Failure to release subjects the lienor to a $10,000 penalty and liability for actual damages and attorney fees.

WARNING: The contractor must provide a Final Payment Affidavit under § 713.235 listing all potential lienors before the owner makes final payment. This is a separate requirement from the waiver forms.

FORM 1: WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT — CONDITIONAL

(Florida — Identical to Fla. Stat. § 713.20)

NOTICE: This document conditionally waives and releases the lien and bond rights of the undersigned for labor, services, or materials furnished through the date and to the extent stated. This waiver is conditioned upon actual receipt and clearance of payment.

Project Information:

Lienor (Claimant) Information:

Payment Information:

CONDITIONAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT

The undersigned lienor, in consideration of the progress payment in the amount of $[________________________________], hereby conditionally waives and releases its lien and right to claim a lien and its right to claim against any bond for labor, services, or materials furnished to the above-described property through the Through Date stated above.

This waiver and release is conditioned upon the claimant's actual receipt of payment and clearance of the check referenced above. If the check is not honored by the bank on which it is drawn, this waiver and release shall be void and of no effect.

Exceptions. This waiver and release does not cover:

(a) Retainage;
(b) Extras or change orders in the amount of $ [________________________________];
(c) The following unpaid items: [________________________________];
(d) Labor, services, or materials furnished after the Through Date.

Lienor Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 2: WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT — UNCONDITIONAL

(Florida — Identical to Fla. Stat. § 713.20)

NOTICE: This document unconditionally waives and releases the lien and bond rights of the undersigned for labor, services, or materials furnished through the date and to the extent stated. This waiver is effective upon execution regardless of whether payment has been received. DO NOT SIGN unless payment has been received and the check has cleared.

Project Information:

Lienor (Claimant) Information:

Payment Information:

UNCONDITIONAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT

The undersigned lienor, having received progress payment in the amount of $[________________________________], hereby unconditionally waives and releases its lien and right to claim a lien and its right to claim against any bond for labor, services, or materials furnished to the above-described property through the Through Date stated above.

This waiver and release is unconditional and effective upon execution regardless of any conditions. The undersigned certifies that payment has been received.

Exceptions. This waiver and release does not cover:

(a) Retainage;
(b) Extras or change orders in the amount of $ [________________________________];
(c) The following unpaid items: [________________________________];
(d) Labor, services, or materials furnished after the Through Date.

Lienor Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 3: WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT — CONDITIONAL

(Florida — Identical to Fla. Stat. § 713.20)

NOTICE: This document conditionally waives and releases ALL lien and bond rights on the project upon actual receipt and clearance of the final payment. If the final payment is not received or the check does not clear, this document shall have no effect.

Project Information:

Lienor (Claimant) Information:

Payment and Contract Information:

CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of $[________________________________], hereby conditionally waives and releases its lien and right to claim a lien and its right to claim against any bond for labor, services, or materials furnished to the above-described property.

This waiver and release is conditioned upon the claimant's actual receipt of the final payment and clearance of the check referenced above. If the check is not honored by the bank on which it is drawn, this waiver and release shall be void and of no effect, and all lien rights shall remain intact.

This waiver covers all labor, services, and materials furnished by the undersigned on the Project from commencement through final completion.

Exceptions:

☐ No exceptions — full and final release
☐ Disputed amounts totaling $ [________________________________], described as: [________________________________]

Lienor Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 4: WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT — UNCONDITIONAL

(Florida — Identical to Fla. Stat. § 713.20)

NOTICE: This document constitutes a full, final, unconditional, and irrevocable waiver and release of ALL lien and bond rights on the project. DO NOT SIGN this document unless the final payment has been received in full and the check has cleared. Once signed, this waiver cannot be revoked.

Project Information:

Lienor (Claimant) Information:

Payment and Contract Information:

UNCONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT

The undersigned lienor, having been paid in full for all labor, services, and materials furnished on the above-described property, hereby unconditionally waives and releases its lien and right to claim a lien and its right to claim against any bond for labor, services, or materials furnished to said property.

This waiver and release is unconditional and irrevocable. It covers ALL work, labor, services, and materials furnished by the undersigned on the Project from commencement through final completion, including retainage, change orders, extras, and all other amounts.

The undersigned acknowledges and represents that:

(a) The total contract price, as adjusted, was $[________________________________];

(b) The undersigned has received total payments of $[________________________________], constituting payment in full;

(c) No further amounts are due or owing in connection with the Project;

(d) All subcontractors, sub-subcontractors, material suppliers, and laborers engaged by the undersigned have been paid in full or will be paid from the final payment; and

(e) The undersigned has no outstanding claims, disputes, or demands against the Owner, Customer, or Property.

Release of Claim of Lien. If any Claim of Lien has been previously recorded, the undersigned agrees to execute and record a Release of Lien pursuant to Fla. Stat. § 713.21 within five (5) days of written demand.

Lienor Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

NOTARIZATION (RECOMMENDED)

State of Florida
County of [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________________________], 20[____], personally appeared [________________________________], who is personally known to me or who has produced [________________________________] as identification, and who executed the foregoing instrument and acknowledged before me that he/she/they executed the same for the purposes therein expressed.

WITNESS my hand and official seal.

Notary Public Signature: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Commission Number: [________________________________]

[NOTARIAL SEAL]

CONTRACTOR'S FINAL PAYMENT AFFIDAVIT REMINDER

Under Fla. Stat. § 713.235, the contractor must furnish to the owner a Final Payment Affidavit listing all potential lienors (subcontractors, sub-subcontractors, material suppliers) and the amounts paid or to be paid to each, before the owner makes final payment. This is a separate document from the lien waiver forms above.

CERTIFICATE OF DELIVERY

I hereby certify that a true and correct copy of the foregoing Waiver and Release of Lien was delivered to:

Delivered by: ______________________________

Date: [__/__/____]

SOURCES AND REFERENCES

• Florida Statutes Chapter 713, Construction Lien Law (§§ 713.001 — 713.37)
• Fla. Stat. § 713.20 (Waiver and Release of Liens — Statutory Forms)
• Fla. Stat. § 713.06 (Notice to Owner Requirements)
• Fla. Stat. § 713.13 (Notice of Commencement)
• Fla. Stat. § 713.21 (Release of Lien)
• Fla. Stat. § 713.235 (Contractor's Final Payment Affidavit)
• Florida Department of Business and Professional Regulation