Florida Mechanics Lien Forms
Florida Claim of Mechanics Lien
All parties to a construction project are required to file a Claim of Lien within 90 days of last furnishing labor and/or materials to a project.
Florida Discharge of Mechanics Lien
After a mechanics lien claim is satisfied, the lien should be released from the property records. A release can also be recorded because a lien expired, or for other reasons.
Florida Final Payment Affidavit
At least 5 days prior to filing any action to enforce a claim of lien, a prime contractor must serve the owner with a Contractor’s Final Payment Affidavit. This document provides the owner with a list of all parties to the project who have money due to them at the time of filing. The contractor is restricted from filing a suit to enforce its lien until it provides this affidavit.
Florida Notice of Bond
In Florida, if a Claim of Lien is recorded by a party when a payment bond exists, the owner or prime contractor may file and serve a Notice of Bond. This transfers the lien off the property records, and informs the Lienor to bring its claim directly against the bond.
Florida Notice of Contest
In Florida, an owner or prime contractor may serve a Notice of Contest upon a party who filed a claim of lien or a claim against a payment bond. The Notice of Contest requires the filing party to enforce its claim by filing suit within a shorter period of time (w/in 60 days) than proscribed by law (usually w/in 1 year).
Florida Notice of Non-Payment
If a payment bond has been filed on the project, a Notice of Non-Payment must be served upon the prime contractor and bonding company within 90 days from last furnishing labor and/or materials to the project. Failure to serve / file this notice, may result in the loss of your claim against the bond.
Florida Notice to Owner and Contractor
In Florida, preliminary notice is required from everyone who does not have a direct contract with the owner. The preliminary notice must be sent within 45 days from first furnishing labor and/or materials. This notice is required to secure the right to lien or the right to make a claim against a bond. Notice should be sent to the owner, and anyone up your contract chain (i.e. prime, sub, etc.), and to the party listed on the Notice of Commencement.