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The Contractors Final Affidavit must contain the name of the owner and the name of the contractor. It needs to have a statement that the contractor has completed the work and that it is going to list the amount that is currently due to the contractor. This document is typically accompanied by a lien.
Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials.
A Florida mechanics lien must be in the proper format and filed in the county recorders office in the county where the property is located within the required timeframe. To record a lien in Florida, you will need to bring your completed Claim of Lien form to the recorders office and pay the filing fee.
Florida does not require that you have a written contract to file a mechanics lien, so contracts can be oral, written, express or implied. However, the following parties do not have any rights to file a Florida mechanics lien: Sub-sub-subcontractors (those hired by sub-subs) Suppliers to suppliers.
IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.
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Your Florida NTO is not considered valid unless it is received by the 45th day, which means you must leave time for the NTO to docHub not only the owner, but all required recipients.
The Final Payment Affidavit is a sworn statement that serves as a comprehensive outline, issued after completion of a project, to notify the property owner of how much money is still owed for materials and services provided.
As mentioned before, property owners can cancel a lien by filing a complaint that requires the contractor to show cause why their claim shouldnt be enforced or canceled. If the claimant fails to respond properly, the lien will be removed via court action.
If you want to remove a lien from your property, you need to do one of two things: 1) have the contractor record a release of the lien or 2) file an appeal to have the lien released.
Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.

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