My Account Deeds.com Real Estate Deeds

Florida Final Payment Affidavit

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.

Deeds.com Florida Final Payment Affidavit Forms Have Been Updated as Recently as Thursday March 7, 2019

4.7 out of 5 (381 Reviews)

What others like you are saying:


Johnny A. said: My complete name is Johnny Alicea Rodriguez And the DEED is on my half brother and mine name. Jimmy Dominguez and myself Thanks


Robert F. said: Came with all the paperwork that I needed plus a lot more paperwork than what I needed. Covered all the bases! The instructions were a big help. Easy fill in the blanks. Had no problem filing the paperwork afterword at the County Clerks office. Definitely worth the $20.

Reply from Staff: Thanks Robert. We appreciate you taking the time to give us your feedback. Have a fantastic day!


Suzanne D. said: Information found, thank you. I own Ground Rent on property and needed to know name of property owner and address for mailing bill.

Reply from Staff: Thank you!


Katie G. said: I haven't used the forms yet but it appears, with your tutelage, that they should not be too difficult to fill out and file. Your site was easy to navigate. Thank You

Reply from Staff: Thank you for the kinds words Katie. have a fantastic day!


James W. said: Easy access to forms saving lots of time researching reqmts from a State/Municipal Govt website. I saved 400-500 in lawyer fees but getting these forms, and coordinating with the Property recorders office in another state. Will use you again.

Reply from Staff: Thank you James. We really appreciate your feedback.


Julie A. said: After receiving the forms online and reviewing them, it was very easy to fill this out and the additional information was very helpful. Saved a lot of money by not having to use a lawyer/paralegal to do this simple task. Will definitely use Deeds.com in the future for any further needs. Thank you

Reply from Staff: Thank you Julie. We appreciate you taking the time to leave your review. Have a wonderful day.


Florida Final Payment Affidavit Form