Florida Unconditional Waiver and Release of Lien upon Progress Payment
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Unconditional Waiver and Release of Lien upon Progress Payment for Real Estate Located in Florida
Florida's Construction Lien Law codifies statutory waivers at section 713.20.
A lien waiver operates by waiving (disclaiming) the lienor's right to all or part of an established lien. Lien waivers can be conditional, or only effective when the payment is actually received, or unconditional, meaning the lien is waived upon execution of the form, regardless of any remaining balance due. s. 713.20(7) Fla. Stat. (2016). They can also release a lien based on partial or full payment.
This form unconditionally releases a portion of the lien based on an agreed-upon progress payment. It requires a return address, the parcel identifier and legal description for the property being improved, the lienor's name, the customer's name, the owner's name, the amount paid, and an ending date for the period of time covered by the payment. 713.20(4).
Exercise caution when using unconditional waivers. If the lienor suspects for any reason that the payment is or will be invalid, he or she should consider a conditional waiver instead.
Each case is unique. Contact an attorney for complex situations or with questions about using an unconditional waiver and release of lien upon progress payment, or any other issues relating to Florida's Construction Lien Law.