Why do I need a contractor's final payment affidavit?

Florida law requires that the contractor's final payment affidavit be presented to the owner when it's time to make the final payment on the project. The affidavit is only required by contractors, so subcontractors and materialmen need not provide any individual documents. The affidavit sets forth the amount of final payment due and affirms that all lienors have been paid in full (except for those specifically listed in the document as remaining unpaid). The affidavit is used in order to prevent the owner from having to pay twice.

If you fail to serve the owner with the final payment affidavit, you forfeit any lien right or right of action against the owner for labor, services, or materials furnished under the direct contract. Note that erroneously including or omitting any information in the affidavit, even if the owner accepts it, does not defeat an otherwise valid lien. Regardless, accuracy matters because the statement is given under oath, and an incorrect affidavit may be used in court to discredit the contractor's claims.

The contractor must execute the affidavit and deliver it to the owner at least 5 days before instituting an action to enforce his or her lien even if the final payment is not due or because the contract is terminated for a reason other than completion. This is required regardless of whether the contractor has any lienors working under him or her.

Filing the affidavit is a necessary precondition in order to eventually secure a mechanics lien on the owner's property to encourage payment. As such, take care when completing the affidavit to ensure everything is accurate when the owner receives it. The owner has the right to rely on the contractor's affidavit in making the final payment for all lienors listed within it.

Each case is unique, so contact an attorney with specific questions or for complex situations.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Final Payment Affidavit

Protect a contractor's right to payment for work performed
Document a change order that affects the scope of a project
Provide notice of intent to file a lien for unpaid work
Document consent of the property owner for improvements
Notify a property owner of unpaid construction debts
Protect payment rights for electrical, plumbing, or HVAC work
Secure payment for materials supplied to a construction project

Compare other Florida deed forms and documents

Quitclaim Deed Gift Deed Enhanced Life Estate Deed Quitclaim Ladybird Deed Warranty Deed Enhanced Life Estate Deed Ladybird Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Trustees Deed Disclaimer of Interest Affidavit of Death Certificate Decedent Interest in Homestead Affidavit Personal Representative Deed (Testate) Personal Representative Deed (Intestate) Certificate of Trust Durable Limited Power of Attorney for Real Estate Durable Power of Attorney Mortgage Instrument and Promissory Note Mortgage with Assignment of Rents and Promissory Note Satisfaction of Mortgage Agreement for Deed Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Notice of Commencement Notice to Owner Claim of Lien Notice to Contractor Notice of Termination Notice of Nonpayment Notice of Contest of Lien Notice of Contest of Claim Against Payment Bond Unconditional Waiver and Release of Lien upon Progress Payment Conditional Waiver and Release of Lien upon Progress Payment Unconditional Waiver upon Final Payment Conditional Waiver and Release of Lien upon Final Payment Request for a Sworn Statement of Account Notice of Lien Prohibition Lis Pendens Release of Lis Pendens

Important: County-Specific Forms

Our final payment affidavit forms are specifically formatted for each county in Florida.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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