Waiver and Release of Lien
(upon Final Payment) (Real Property) (FL)

Summary

This waiver and release of lien upon final payment template is used in Florida when a potential lien claimant must execute a waiver and release in exchange for or to induce a final payment and the final payment has been made. This template includes practical guidance and drafting notes. This template is prescribed by Florida Statute to protect consumers from liens placed on their property by contractors. A waiver or release that is not substantially of this form however may still be enforced according to the terms used in the form. Fla. Stat. Ann. § 713.20(8). If a progress payment is in the form of a check, the lienor may condition the release or waiver on payment of the check. However, in the absence of a payment bond protecting the owner, the owner may withhold from any payment to the contractor the amount of any unpaid check until such a condition is satisfied. Fla. Stat. Ann. § 713.20(7). While waivers and releases operate to waive and release a claimant's mechanic's lien, stop payment notice, or payment bond rights, they do not waive or release any other rights the claimant may have, such as for breach of contract. Dracon Constr., Inc. v. Facility Constr. Mgmt., 828 So. 2d 1069, 1071 (Fla. Dist. Ct. App. 2002). For a list of key resources covering construction-related tasks for a first-year associate, see First Year Associate Resource Kit: Construction. For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit. For more information, see Construction Lien Resource Kit (FL). For related waiver and release templates see Waiver and Release of Lien Upon Progress Payment (FL), Claim of Lien (Construction Lien) (FL) and Satisfaction of Construction Lien (FL). See also Florida Real Estate Transactions §§ 33.10, 33.213A.