For contractors in direct contract with the owner, the construction lien is the first step to filing a construction lien foreclosure lawsuit. The next step is that the contractor MUST deliver a Contractor’s Final Payment Affidavit to the owner at least 5 days before filing the construction lien foreclosure lawsuit. Failure to give the owner a Contractors’ Final Payment Affidavit will result in the dismissal of the lien foreclosure lawsuit.
The Contractor’s Final Payment Affidavit is a statutory form contained in Florida Statute s. 713.06 and set forth below. Ideally, contractors should fill out this form with the assistance of counsel to ensure, if need be, the amount identified can be reconciled with the lien amount and that they are identifying undisputed amounts owed to lienors that would be reflected in their lien (or, if not, reconciled with their lien amount).
CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
State of Florida
County of ________
Before me, the undersigned authority, personally appeared_______ (name of affiant) , who, after being first duly sworn, deposes and says of his or her personal knowledge the following:
1. He or she is the________ (title of affiant) , of________ (name of contractor’s business) , which does business in the State of Florida, hereinafter referred to as the “Contractor.”
2. Contractor, pursuant to a contract with ________ (name of owner) , hereinafter referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract.
3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $_______ .
4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors:
NAME OF LIENOR AMOUNT DUE
Signed, sealed, and delivered this day of , ,
By (name of affiant)
(title of affiant)
(name of contractor’s business)
Sworn to and subscribed before me this day of by (name of affiant) , who is personally known to me or produced as identification, and did take an oath.
(name of notary public)
My Commission Expires:
(date of expiration of commission)
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