Typically, an owner or contractor will require a subcontractor or material supplier to execute a release or waiver of lien to receive a progress payment for construction of improvements. These release documents are presented in a variety of formats with many different headings. Although Florida law prohibits requiring a release or waiver that is different from the statutory forms, it also provides that an executed release or waiver that is not substantially similar to the

When ZoomLien heard about the plight of a Florida lienor, they decided to take immediate action. The lienor, Pritchett Trucking, Inc., delivered its construction lien in the amount of $118,288.83 and recording fee to the Duval County Clerk of Court within 90 days of its last furnishing of services to the project in accordance with section 713.08(5), Florida Statutes. The Duval County Clerk of Court recorded the construction lien in the public records seven (7)

A previously recorded notice of commencement, which has not expired or been terminated, may be amended to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice. However, when an owner replaces the contractor, the statute does not permit the recording of an amended notice of commencement. Instead, a more complicated procedure must be followed when replacing a contractor. When an amended notice of

On all improvements to privately-owned (non-governmental) property for which the direct contract is $2,500 or more, an owner (or the owner’s authorized agent), before commencing to improve any real property or recommencing completion of any improvement after default or abandonment, is required to record a notice of commencement (NOC). Section 713.13, Florida Statutes, provides a statutory form NOC. The NOC must be recorded in the public records in the county where the property is located.

Contractors, Subcontractors and Sub-subcontractors A contractor, subcontractor or sub-subcontractor who is licensed, if required to be licensed, is entitled to perfect construction liens under Florida law. This same concept also applies to subcontractors and sub-subcontractors who are perfecting payment bond claims. Most types of construction work in Florida require that the contractor, subcontractor or sub-subcontractor have a specific construction license to perform its scope of work. If a construction license is required for the work