Flagler County Conditional Waiver and Release of Lien upon Final Payment Form

Lien waivers or releases are used to surrender the right to a lien, either in full or in part depending on the type of lien release form selected. Florida's Construction Lien Law authorizes statutory waivers at 713.20 Fla. Stat. (2016).

Under 713.20(5), lienors may waive, on condition

The Florida Conditional Waiver and Release of Lien upon Final Payment is the closeout counterpart to the conditional progress waiver in section 713.20 of the Florida Statutes — total in scope, but conditioned on the final payment actually clearing. Where the unconditional final waiver releases all remaining lien rights immediately on signing regardless of whether the lienor is paid, the conditional final version keeps the lienor protected until the funds are actually in the account. Florida is one of the few states to legislate this kind of scenario-specific waiver wording, and the conditional final waiver exists for the closeout situation that comes up on most jobs: the lienor needs to deliver a final release in exchange for the final draw, but the check is being handed over at settlement rather than after the funds clear.

What the Florida Conditional Waiver and Release of Lien upon Final Payment Does

This form is signed by a lienor at project close to release all remaining lien rights against the property, with the release becoming effective only when the final payment is actually received and clears. "Conditional" assigns the credit risk of the payment to the customer or owner; "final" makes the waiver total in scope rather than tied to a single progress billing. The most common use is at the closing of a final draw or settlement disbursement — the lienor signs the conditional final waiver to provide closing parties with documentation of intent to release, while preserving lien rights as a backstop until the wire or check actually settles.

Florida Statutory Requirements Under Section 713.20

Florida codifies four statutory lien waiver forms in section 713.20 — conditional or unconditional, paired with progress or final payment — and requires that any waiver "substantially follow" the statutory wording for the matching scenario. The statute supplies the conditional language that makes the release contingent on payment, and the final language that makes the release total. Mixing scenarios, deleting required fields, or rewriting the conditional clause can convert the document into something other than a section 713.20 conditional final waiver. Title companies, construction lenders, and counsel reviewing closeout files typically check the wording against the statute precisely because the four forms are not interchangeable.

The form must identify the lienor, the customer, the property owner, the amount of the conditional final payment, and the property — typically by parcel identifier and legal description (§ 713.20).

Execution: No Witnesses, No Notary Required

Section 713.20 statutory waivers do not require witnesses or notarization to be effective. The lienor signs and dates the form. As with the unconditional final waiver, construction lenders and title insurers handling closing on a completed project may insist on notarized closeout waivers as a matter of internal underwriting policy. Notarization is not a statutory prerequisite, but it is often a practical one when the document is being delivered into a closing.

Florida-Specific Traps

The conditional final waiver shares some traps with the conditional progress waiver and others with the unconditional final waiver, and adds a few of its own:

• Advance waivers are void. Lien rights for labor, services, or materials not yet furnished cannot be released in advance under Florida law (§ 713.20).
• The condition is automatic and absolute. Until the final payment is actually received and clears, no lien rights are released. If the wire fails or the check is dishonored, the lienor's chapter 713 rights remain intact.
• Banks and title companies often will not rely on it. Because the release is contingent on payment clearance, a conditional final waiver does not give the closing parties documented proof that lien rights have been extinguished. Title underwriters issuing policies free of construction lien exceptions, and lenders authorizing final disbursement on the construction loan, frequently require the unconditional version and treat the conditional final waiver as a placeholder until the payment clears.
• Retainage and final draw mismatches. The "final payment" recited on the form should be the actual final payment, including any retainage being released. A waiver that recites the wrong amount, or that is signed against a payment that does not include retainage everyone assumes is being closed out, can leave a portion of the lienor's exposure outside the scope of the release.
• Punch list and warranty work. Once payment clears, the conditional final waiver releases all remaining lien rights — including for any unbilled corrective work the lienor has performed. As with the unconditional version, the lienor should make sure that all extras, change orders, and stored materials are billed and accounted for in the final payment amount before signing.
• "Substantially follow" still applies. A non-conforming conditional final waiver may not be enforceable as a section 713.20 waiver, which is the worst possible outcome at closeout — the lienor may have given up nothing, and the closing parties may have received a document that does not deliver what they thought it did.
• Notice of Commencement and Notice of Termination alignment. The property described in the waiver should match the property described in the Notice of Commencement (§ 713.13), and lienors closing out near the recording of a Notice of Termination (§ 713.132) should confirm their post-termination work is fully billed before signing.
• Two-step closings. On many Florida projects, a conditional final waiver is delivered into closing to provide intent-to-release documentation, and the lienor then issues an unconditional final waiver after the funds clear. Lienors should understand whether they are delivering only the conditional waiver, only the unconditional version, or both — and at what stage — so that the correct document carries the correct risk allocation.

How the Waiver Is Used

The conditional final waiver is not recorded in the county's official records. It is delivered to the owner, general contractor, construction lender, or title company at the final draw or settlement, and is retained with the closing file. Closing parties typically pair it with bank confirmation that the underlying payment has cleared, at which point the conditional final waiver functions as the lienor's complete release. On jobs where the closing parties require an unconditional final waiver to issue title insurance or fund the final disbursement, the conditional version is often delivered first as evidence of intent and then replaced with the unconditional form once the payment is settled.

Download Package

The download package includes the Florida Conditional Waiver and Release of Lien upon Final Payment, drafted to follow the statutory wording at section 713.20, a completed example showing how each field is filled in, and a guide explaining the form's role at closeout, the conditional structure, and how it fits with the other three section 713.20 waiver scenarios. The forms are prepared by Deeds.com's forms development team and are delivered as instant downloads.

of payment, a lien they already filed against the owner's interest in the improved property. The release contains information about the lienor, the customer, the property owner, the property description, the payment amount, and a date to finalize the work covered by the waiver.

Each case is unique, so contact an attorney with specific questions on lien waivers or any other issues related to Florida Construction Liens.