Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Florida lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let’s dive into the world of Florida lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
So, are Florida lien waivers regulated? The answer is yes…and no. Here’s what we mean: Florida is one of 12 states that outlines a specific, statutory form for lien waivers. However, parties don’t have to use it. The law stipulates that parties can either use:
- The state-outlined forms for either a waiver and release of lien upon progress payment or final payment
- A waiver and release of lien that follows the outlined form “substantially”
- A waiver and release of lien that is “not substantially similar to the forms,” as long as both parties agree to it
While parties may want to use their own form, proceed with caution; Florida-provided lien waivers were written by the state and may be more clearly interpreted in the court of law. If an alternate form is used, be sure to read through it carefully to protect your lien rights.
Here are some other things to keep in mind as you handle Florida lien waivers:
- Florida lien waivers are unconditional by nature because they go into effect as soon as they are signed, regardless of whether contractors are paid. Conditional waivers, or waivers that are exchanged with progress pay apps, are allowed here, as long as parties use an alternate form or execute the state-outlined form in exchange for a check that conditions the waiver.
- Florida law prohibits waiving lien rights in the contract. Lien rights can only be waived after work has been completed (advance lien waivers are prohibited) or prior to payment as long as lien waivers follow the aforementioned rules.
Florida provides a specific, statutory form for lien waivers for progress payments and final payments. However, if parties mutually agree to it, they can use any form of their own.
Florida’s statute-outlined form is inherently an unconditional lien waiver—it’s binding as soon as it’s signed. Conditional lien waivers are also allowed here if you use your own form or condition the lien waiver in exchange for a check.
Florida’s statute-outlined form is inherently an unconditional lien waiver—it’s binding as soon as it’s signed. Conditional lien waivers are also allowed here if you use your own form or condition the lien waiver in exchange for a check.
To be considered valid, Florida lien waivers must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which they apply
Florida expressly prohibits waiving lien rights in the contract.
In Florida, parties can waive lien rights prior to payment as long as a portion of the work has been completed first.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
Yes, Florida offers a specific, statutory lien waiver form per state law. However (and this is where it gets tricky), parties aren’t required to use it:
- Parties can also use a form that aligns “substantially” with the form provided.
- As long as both parties agree to it, any alternate version of the lien waiver form can be used.
Since the lien waiver format provided in Florida statutes is recommended vs. required, it’s your call to decide what language to use. Florida’s outlined form is acknowledged as viable in Florida courts, so it might be a safer option. Whichever route you take, state law stipulates that individuals cannot be required to provide a form that differs from the state-outlined form if they don’t want to.
Florida lien waivers are governed by specific statutory requirements. Each must be met for the lien waiver to be valid and enforceable:
- Lien waivers can follow the format and content of the state’s lien waiver form, or parties can choose their own if both parties are in agreement,
- It should clearly state the amount being waived and the property to which it applies, and
- It must be signed by the party waiving their lien rights.
Florida state law notes that advance lien waivers are not allowed: “A right to claim a lien may not be waived in advance. A lien right may be waived only to the extent of labor, services, or materials furnished. Any waiver of a right to claim a lien that is made in advance is unenforceable.”
Florida lien waivers can be exchanged with payment applications (conditional lien waivers) or after payment has been received (unconditional lien waivers). The state’s outlined templates, which parties do not have to use, are an excellent guide to recommended fields for progress payments and final payments.
An important note here: Florida’s lien waiver template is inherently an unconditional waiver, as lien rights are waived as soon as it is signed. Conditional lien waivers can be used if parties supply an alternate form or the state-outlined form is executed in exchange for a check that conditions the waiver.
If you’re wondering which type of lien waivers to use for your construction project, review this comprehensive guide.
Yes, lien waiver provisions can be added to the contract in Florida, specifically if parties mutually agree to use their own form. Lien waiver provisions waiving contractual rights are not allowed, while waiving lien rights prior to payment is accepted as long as a portion of work has been performed.
In Florida, construction teams might be better positioned in case of a dispute if they used the outlined lien waiver forms provided in state statutes. Because the language was developed by the state, these lien waivers can be clearly interpreted by the court system.
It’s a risky move to use your own lien waiver form in Florida, as the language might read as ambiguous to the court. If it doesn’t include all of the necessary elements that the state would require to protect subs, this could nullify your lien rights.
If a dispute occurs, we recommend thoroughly reviewing the lien waiver and corresponding job contract. For lien waiver disputes that cannot be handled directly, consider consulting with a construction law attorney who is familiar with Florida lien laws.
Florida lien waivers can be difficult to understand—but not if you’re familiar with the right resources. We recommend the following as places to start:
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.