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BuildingForms Document Reference

Table of Contents
PLEASE NOTE:

GENERAL INFORMATION FORMS

BOND FORMS

NOTICE of COMMENCEMENT FORMS

BUILDING PERMIT FORMS

NOTICE FORMS

DOCUMENT REQUESTS

PAYMENT INSTRUCTION LETTERS

VENDOR PARTIAL RELEASE FORMS

CONTRACTOR PARTIAL RELEASE FORMS

STATEMENT of ACCOUNT FORMS

CONDITIONAL PAYMENT BOND FORMS

VENDOR FINAL RELEASE FORMS

PAYMENT BOND CONTEST FORMS

AFFIDAVIT FORMS

CONTRACTOR FINAL RELEASE FORMS

LIEN FORMS

LIEN BOND FORMS

SATISFACTION of LIEN FORMS

TERMINATION of PROJECT FORMS
 
General Information Forms
 
#1   PROJECT INFORMATION

This is a general purpose report that summarizes the primary information about a specific project. It can be used for a number if purposes, including serving as a title sheet for your office file and as a quick summary of the projects settings.


 
#2   PROJECT INFORMATION EXTENDED

This report is similar to the standard Project Information report above except that it is more extensive and therefor includes more data about the project.


 
#3   LEGAL DESCRIPTION ADDENDUM

This is an extended legal description of the property in an addendum format that may be added to and/or incorporated with any of the other documents. This addendum provides room for lengthly legal description such as a "meets and bounds" description that would otherwise not fit onto the two lines allocated for the legal descriptions on the other documents.

 
Bond Forms

GENERAL INFORMATION

Bonds are paid guarantees, issued by a third party known as a Surety, to protect or benefit a specific party or group of parties. There are several types of bonds applicable to the construction industry, including Bid Bonds, Performance Bonds, Payment Bonds and Lien Transfer Bonds. Chapter 713 addresses the use of Payment Bonds, Lien Transfer Bonds and Public Construction Bonds, which is a combination of Payment and Performance bond. Payment Bonds and Public Construction Bonds are addressed in this section, Lien Transfer Bonds are addressed along with Forms #81 & 82 below.


Owners of residential construction projects may be intrigued by the prospects of using Payment Bonds to reduce their exposure to Contractor financial mismanagement and potential Vendor liens. Unfortunately, Payment Bonds are issued almost exclusvely for large commercial projects, and few, if any, Suretys will issue them for residential projects. In addition, the bonding and net-worth requirements mandated by Suretys are astronomically high, often well beyond the vast majority of experienced, credit-worthy and otherwise financially sound construction contractors. Fortunately, an Owner can alleviate much of their potential exposure by using common sense and following the requirements and procedures incorporated in the Construction Lien Law.

 
#4   PAYMENT BOND

A Payment Bond guarantees that Vendors will be paid for the services and materials they provided to a project. The Payment Bond is underwritten by a Surety who will pay the Vendors in the event that the General Contractor fails to do so. The Payment Bond exempts the Owner's property from Vendor liens, which are attached to the bond and not the property. This protects the Owners property and gives the Vendors an alternate source of payment. The Payment Bond does not protect the Contractor, and it does not protect the Owner from a lien by the Contractor.


The Payment Bond should be recorded with the Notice of Commencement and a copy posted on the project site along with the Notice of Commencement. If the Payment Bond is not recorded and posted with the Notice of Commencement, then the Owners property is not exempt from Vendor liens, but the unrecorded Payment Bond may be used as a Lien Transfer Bond.


The Payment Bond contained in BuildingForms is the same as offered in Section 713.23(3), although the statute does not mandate it's exact use, only that any Payment Bond must be in "substantially the following form".

 
#5   CONDITIONAL PAYMENT BOND

The Conditional Payment Bond is similar to a Payment Bond EXCEPT that it only protects the Owners property up to the amount the Owner has paid the Contractor. In other words, if the Owner fails to pay the Contractor, who subsequently fails to pay the Vendor, then the Vendor can file a Claim of Lien against the Owners property. If, on the other hand, the Owner pays the Contractor as provided in the contract, and the contractor subsequently fails to pay the vendors, then the Vendors must make their claims against the bond, and thus the Owners property is protected from the liens.


The regular Payment Bond guarantees that the Vendors will be paid and protects the Owners property from Vendor liens even if the Owners fails to pay the Contractor. The Conditional Payment Bond does not guarantee that the Vendors will be paid and does not protect the Owners property from Vendor liens if the Owner fails to pay the Contractor. Neither type of bond protects the Owners property from a Contractors lien.


The purpose of a Conditional Payment Bond is to assure to the Owner that the Owners payments to the Contractor will be used to pay the Vendors, and if the funds are instead misused by the Contractor, the Surety who underwrote the Conditional Payment Bond will step in and pay the Vendors, up to the amount the Owner has paid the Contractor.


Section 713.23 stipulates that a Conditional Payment Bond is to be substantially identical to a regular Payment Bond with the addition of a specifically worded statement on it's front page. The Conditional Payment Bond in BuildingForms conforms to this requirement.

 
#6   PERFORMANCE BOND

A Performance Bond is a guarantee by a Surety to an Owner that the Contractor will successfully complete the project in accordance with the construction contract. It represents a private guarantee by a third party and is not required by any section of the Florida Lien Law Statutes. The form provided in BuildingForms is a generic form of a Performance Bond. Of course, a Surety is entitled to use whatever form of Performance Bond they may choose to offer.


 
#7   PUBLIC CONSTRUCTION BOND

The Public Construction Bond, sometimes referred to as a 255 Bond, is used only on Public construction projects, and is required by statute to be used on all such projects in excess of $200,000 in value. It is both a Performance Bond and a Payment Bond. The rules for serving notices and making claims against the Public Construction Bond are similar to the regular Payment Bond.

 
Notice of Commencement Forms
 
#8   NOTICE of COMMENCEMENT

The Notice of Commencement is required by Section 713.13. It is the primary document around which many of the Lien Law procedures begin. It is a public declaration by the Owner of all the parties involved in the construction of the project, and therefor serves as the source document for the information required on many other documents. In accordance with Section 713.13(1)(g), the Notice of Commencement is signed by the Owner and recorded in the Clerks office of the county where the property is located prior to the beginning of the construction.

 
#9   NOC COVER LETTER from CONTRACTOR

This is a standard form letter from the Contractor to the Owner advising the Owner that they need to have their signature notarized on the enclosed Notice of Commencement and then forward it to the local Clerks office in the enclosed envelope for recording in accordance with Section 713.13(1)(g). This letter is not required by any section of the Florida Statutes, and it's use is entirely voluntary. It's purpose is facilitate situations wherein a Contractor may have prepared a Notice of Commencement as a courtesy to the Owner.

 
#10   NOC COVER LETTER from LENDER

This is a standard form letter from the Lender to the Owner advising the Owner that they need to have their signature notarized on the enclosed Notice of Commencement and then forward it to the local Clerks office in the enclosed envelope for recording. This letter is not required by any section of the Florida Statutes, and it's use is entirely voluntary, although it does assist the Lender in fulfilling it's responsibility under Section 713.12(6) to see that the Notice of Commencement is properly recorded.

 
#11   NOC COVER LETTER from ATTORNEY

This is a standard form letter from an Attorney to the Owner advising the Owner that they need to have their signature notarized on the enclosed Notice of Commencement in accordance with Section 713.13(1)(g) and then forward it to the local Clerks office in the enclosed envelope for recording. This letter is not required by any section of the Florida Statutes, and it's use is entirely voluntary.

 
#12   NOC AFFIDAVIT

In accordance with Section 713.13(1)(a), this is an affidavit from the Owner attesting that the attached copy of the Notice of Commencement is an exact copy of the Notice of Commencement that has been recorded. Typically, it is used as part of the Building Permit submission and to facilitate the posting of a copy of the Notice of Commencement on a project site in lieu of posting the original document.

 
Building Permit Forms
 
#13   CONTRACTORS POWER of ATTORNEY

An Power of Attorney form that a License Holder may use to authorize another person to sign a Building Permit Application for the License Holder. This Power of Attorney may be signed only by the License Holder and must be notarized.


 
#14   STATUTORY BUILDING PERMIT APPLICATION

This is the Building Permit Application for prescribed by Florida Statutes, however, local Building Departments are not required to use or even accept this form. They are only required to include it's language on their application form. Nevertheless, many Building Departments will accept this form for the purpose of acknowledging the Owner's signature, although they will almost always require the Contractor to complete and sign their local Building Permit Application also.

 
Notice Forms
 
#15   NOTICE to OWNER

The Notice to Owner is required by Section 713.13. It is the official notice by which a Vendor who is not in direct contact with the Owner can advise the Owner of their involvement in the Owner's project. Any Vendor who wishes to preserve their lien rights MUST first serve a Notice to Owner on the Owner within 45 days of their first appearance on the project. If a Vendor fails to send the Owner a Notice to Owner within the statutory 45 day period, they forfeit any lien rights, and any lien they may file will be vacated. Vendors with whom the Owners has a direct contractual relationship do not need to serve a Notice to Owner. Laborers who personally supply direct labor are also exempt from serving a Notice to Owner.


 
#16   NOTICE to CONTRACTOR

The Notice to Contractor is equivalent of a Notice to Owner for bonded projects. The Notice to Contractor does not need to be sent by any Vendor who is in direct privy with the Contractor, only by Sub-Vendors who are working on the project through other Vendors.


 
#17   NOTICE to OWNER & CONTRACTOR - NOTICE of INTENT to LOOK to BOND

This form is a combination Notice to Owner and Notice to Contractor as provided in 713.06(2)(c) that is utilized by some Vendors to serve both purposes.


 
#18   NOTICE TO OWNER COVER LETTER to OWNER

A cover letter from a Vendor to the Owner explaining the intent and purpose of the Notice to Owner. This letter is not required by any Florida Statute. It's purpose is to alleviate the anxiety that some Owners experience when receiving a Notice to Owner and to foster good relations between the Vendor and the Contractor.


 
#19   NOTICE TO OWNER COVER LETTER to CONTRACTOR

A cover letter from a Vendor to the Contractor explaining the intent and purpose of the Notice to Owner. This letter is not required by any Florida Statute, it's purpose is to foster good relations between the Vendor and the Contractor.

 
Information Requests

GENERAL INFORMATION

The Construction Lien Law Section 713.16 provides for a number of very specific requirements for the exchange of documents and information between the various parties to a construction project. Specifically, Section 713.16(1) requires the various parties to provide a copy of their contracts to other parties on demand. Some examples of this requirement are:

  1. The Owner may request from a Vendor a copy of the contract under which the Vendor (subcontractor or supplier) is providing labor, services or materials at any time.
  2. The General Contractor may request from a Vendor (subcontractor or supplier) a copy of the contract under which the Vendor (subcontractor or supplier) OR a Subvendor (sub-subcontractor or sub-supplier) is providing labor, services or materials at any time.
  3. A Vendor (subcontractor or supplier) may request from the General Contractor a copy of the contract under which the Vendor (subcontractor or supplier) is providing labor, services or materials.
  4. Any Vendor (subcontractor or supplier) may request from the General Contractor a copy of the contract between the Owner and the General Contractor at any time.
  5. Any Vendor (subcontractor or supplier) may request from the General Contractor a copy of the contract between the General Contractor and any other Vendor at any time.

In addition to these requirements, Section 713.165 provides that an Owner may request from the General Contractor a list of all Vendors (subcontractors and suppliers) who have contracted with the General Contractor to provide labor, services or materials to the Owner's project.


The Construction Lien Law also provides in Section 713.16(1) that any person requesting a copy of a contract must pay for the copying costs or shall be entitled only to inspect the documents at "reasonable times and places". As a practical matter, given the minimal costs typically involved, it's usually easier to simply copy and mail or fax the requested documents without requiring reimbursement.

 
#20   OWNERS REQUEST to CONTRACTOR for LIST of PROJECT VENDORS

This is a form letter from the Owner to the General Contractor requesting that the Contractor provide the Owner with a list of all subcontractors and suppliers as provided in Section 713.165 who have any contract with the Contractor to provide services and materials to the Owners project. This request must be made in writing and delivered via registered or certified mail to the address shown on the contract or on the recorded Notice of Commencement.
 

#21   OWNERS REQUEST to VENDOR for COPY of VENDORS CONTRACT

A form letter from the Owner to a Vendor requesting a copy of the Vendor's contract with the General Contractor.


 
#22   VENDORS REQUEST to OWNER for COPY of PRIME CONTRACT

A form letter from a Vendor to the Owner requesting a copy of the Owner's contract with the General Contractor.


 
#23   SUBVENDORS REQUEST to CONTRACTOR for COPY of SUBCONTRACT

A form letter from a subvendor to the General Contractor requesting a copy of the primary Vendor's contract with the General Contractor.


 
#24   OWNERS RESPONSE to VENDOR for COPY of PRIME CONTRACT

A form letter from the Owner to a Vendor in response to the Vendors request for a copy of the Owners contract with the General Contractor. This letter advises that the Vendor may inspect the requested contract at the Owners address by appointment or in the alternative may receive a copy of the contract via fax of mail upon payment of the copying, postage and/or transmission costs itemized therein as provided in Section 713.16(1).


 
#25   VENDORS RESPONSE to OWNER REQUEST for COPY of CONTRACT

A form letter from a Vendor to an Owner in response to the Owners request for a copy of the Vendors contract with the General Contractor. This letter advises that the Owner may inspect the requested contract at the Vendors address by appointment or in the alternative may receive a copy of the contract via fax of mail upon payment of the copying, postage and/or transmission costs itemized therein as provided in Section 713.16(1).


 
#26   CONTRACTORS RESPONSE to SUBVENDOR REQUEST for COPY of SUBCONTRACT

A form letter from the General Contractor to a Subvendor in response to the Subvendors request for a copy of the Primary Vendors contract with the General Contractor. This letter advises that the Subvendor may inspect the requested contract at the General Contractors address by appointment or in the alternative may receive a copy of the contract via fax of mail upon payment of the copying, postage and/or transmission costs itemized therein as provided in Section 713.16(1).

 
Payment Instruction Letters

GENERAL INFORMATION

In the event that an Owner may have several projects ongoing with the same Contractor, or a Vendor may be furnishing services or materials to several projects for the same Contractor, there could exist some possibility for confusion in the correct application of funds being paid. Section 713.14(1) provides that the person making payment has the right to designate what project, account or invoices are being paid in these situations. In addition Section 713.14(2) further provides that when a payment is made to a Vendor for materials, the Vendor shall demand such a designation from the payee.


What this all means is that whoever is paying the money has the right to specify what project, account or invoices are being paid. It also means that if you are paying a materials supplier, and there is some question as to what invoices are being paid, they must contact you for clarification. This is especially helpful if you are a Contractor with multiple outstanding invoices with a Vendor, and you want to pay only invoices for a specific project in order to secure a Lien Release for that project, regardless of the existence of older invoices for other projects.

 
#27   OWNERS NOTICE of INTENT to PAY VENDOR DIRECTLY

This letter advises the Contractor that the Owner intends to pay a Vendor or Vendors directly, and therefor presumably deducting the amount of the payment from any funds owed to the Contractor. Section 713.06(3)(g) requires that the Owner send this Notice to the Contractor at least 10 days before actually making a direct payment to a Vendor(s).


 
#28   VENDOR REQUEST for DESIGNATION of PAYMENT

Section 713.14(1) provide that the payee may designate to which project any funds paid to a Vendor are to be credited. Generally, this is only an issue in the event that the Vendor is performing work on multiple projects for the same Owner or Contractor. In the event a Vendor receives funds from a Contractor that do not indicate to which project the funds are to be applied to, this letter is used to request clarification from the Contractor.


 
#29   OWNER LETTER to VENDOR DESIGNATING APPLICATION of PAYMENT

This is a form letter from an Owner to a Vendor, designating what project the payment is to be applied. Generally, this letter would accompany the payment itself, but it can be used as a followup when required.


 
#30   CONTRACTOR LETTER to VENDOR DESIGNATING APPLICATION of PAYMENT

Same as form #29 above, except that this letter is from the Contractor.

 
Vendor Partial Release Forms

GENERAL INFORMATION

Section 713.20(4) provides a Partial Lien Release form and stipulates that if a Vendor is required to execute a lien release in exchange for a progress payment that the lien release form shall be in substantially the same form.


As provided in Section 713.20(6), a Vendor cannot be compelled to execute a lien release that is worded differently than the statutory forms.


As provided in Section 713.20(7), a Lien Release may be conditioned upon the payment of a check.


Section 713.235(1) provides a similar form for Partial Waiver against a Payment Bond. Section 713.235(3) provides an identical restriction against requiring the use of a Waiver that is different from the statutory form.


The Vendor Partial Releases provided in BuildingForms are worded exactly like the statutory forms, with variations that include being conditioned upon the receipt of funds within a specified number of days, or conditioned on the successful payment of a check given in exchange for the Release. The BuildingForms documents also provide alternate forms with a Notary Certificate, although there is no requirement in Chapter 713 that a Lien Release must be notarized.

 
#31   VENDOR PARTIAL LIEN RELEASE - STATUTORY FORM

This is the plain Partial Lien Release form prescribed by Florida Statutes.


 
#32   VENDOR PARTIAL LIEN RELEASE - STATUTORY FORM - NOTARIZED

Same as #31 with the addition of a Notary Certificate at the bottom.


 
#33   VENDOR PARTIAL LIEN RELEASE - CONDITIONAL - TIME LIMIT

This is a Partial Lien Release form that is conditional upon the actual receipt of the specified funds with the specified time limit.


 
#34   VENDOR PARTIAL LIEN RELEASE - CONDITIONAL - TIME LIMIT - NOTARIZED

Same as #33 with the addition of a Notary Certificate at the bottom.


 
#35   VENDOR PARTIAL LIEN RELEASE - CONDITIONAL - PAYMENT BY CHECK

This is a Partial Lien Release form that is conditional upon the subsequent payment of a specific check that is received in exchanged for the lien release.


 
#36   VENDOR PARTIAL LIEN RELEASE - CONDITIONAL - PMT BY CHECK - NOTARIZED

Same as #35 with the addition of a Notary Certificate at the bottom.


 
#37   VENDOR PARTIAL WAIVER of CLAIM AGAINST THE PMT BOND (SECTION 255.05)

This Partial Waiver of Right to make a Claim Against a Payment Bond is commonly given in exchange for a partial payment. It is similar to a Lien Release except that it applies only to bonded projects. This form with the reference to Section 255.05 is for use on Public Construction projects only.


 
#38   VENDOR PARTIAL WAIVER of CLAIM AGAINST THE PAYMENT BOND (SECTION 713)

This Partial Waiver of Right to make a Claim Against a Payment Bond is commonly given in exchange for a partial payment. It is similar to a Lien Release except that it applies only to bonded projects. This form with the reference to Section 713 is for use on all projects except Public Construction projects.

 
Contractor Partial Release Forms

GENERAL INFORMATION

Section 713.20(5) provides a Partial Lien Release form and and stipulates that if a Contractor is required to execute a lien release in exchange for a partial payment that the lien release form shall be in substantially the same form.


As provided in Section 713.20(6), a Contractor cannot be compelled to execute a lien release that is worded differently than the statutory forms.


As provided in Section 713.20(7), a Lien Release may be conditioned upon the payment of a check.


The Contractor Partial Releases provided in BuildingForms are worded exactly like the statutory forms, with variations that include being conditioned upon the receipt of funds within a specified number of days, or conditioned on the successful payment of a check given in exchange for the Release. The BuildingForms documents also provide alternate forms with a Notary Certificate, although there is no requirement in Chapter 713 that a Lien Release must be notarized.

 
#39   CONTRACTOR PARTIAL LIEN RELEASE - STATUTORY FORM

This is a Partial Lien Release form prescribed by Florida Statutes.


 
#40   CONTRACTOR PARTIAL LIEN RELEASE - STATUTORY FORM - NOTARIZED

Same as #39 with the addition of a Notary Certificate at the bottom.


 
#41   CONTRACTOR PARTIAL LIEN RELEASE - CONDITIONAL - TIME LIMIT

This is another Partial Lien Release form prescribed by Florida Statutes that is conditional upon the actual receipt of the specified funds with the specified time limit.


 
#42   CONTRACTOR PARTIAL LIEN RELEASE - CONDITIONAL - TIME LIMIT - NOTARIZED

Same as #41 with the addition of a Notary Certificate at the bottom.


 
#43   CONTRACTOR PARTIAL LIEN RELEASE - CONDITIONAL - PAYMENT BY CHECK

This is a Partial Lien Release form prescribed by Florida Statutes that is conditional upon the subsequent payment of a specific check that is received in exchanged for the lien release.


 
#44   CONTRACTOR PARTIAL LIEN RELEASE - CONDITIONAL - PMT BY CHECK - NOTARIZED

Same as #43 with the addition of a Notary Certificate at the bottom.

 
Statement of Account Forms

GENERAL INFORMATION

The Construction Lien Law Section 713.16(2) requires General Contractors and Vendors provide information to the Owner, and in some cases the General Contractor, about the status of their accounts via the use of Sworn Statements of Account. The information to be provided in a Sworn Statement of Account is specified in the Statute. Some examples of situations where a Statement of Account is required are as follows:

  1. The Owner may request a Sworn Statement of Account from the General Contractor when the Owner anticipates making or actually makes a payment to the General Contractor.
  2. The Owner may request a Sworn Statement of Account from a Vendor (subcontractor or supplier) when the Owner makes a payment to the General Contractor or makes a payment directly to a Vendor.
  3. A General Contractor who has furnished a Payment Bond may request a Sworn Statement of Account from a Vendor (subcontractor or supplier) when the Owner makes a payment to the General Contractor or makes a payment directly to a Vendor.

In addition to these requirement, Section 713.16(5) also requires that any Vendor who has filed a lien may demand a Sworn Statement Concerning Direct Contracts from the Owner. The information required in this statement is specified in the statute.

 
#45   OWNER REQUEST for SWORN STATEMENT of ACCOUNT - to Vendor

As provided in Section 713.16(2), this is a request from an Owner to a Vendor wherein the Owner requests a Statement of Account from a Vendor.


 
#46   OWNER REQUEST for SWORN STATEMENT of ACCOUNT - to CONTRACTOR

As provided in Section 713.16(2), this is a request from an Owner to the Contractor wherein the Owner requests a Statement of Account from the Contractor.


 
#47   VENDOR SWORN STATEMENT of ACCOUNT to OWNER

As provided in Section 713.16(2), this is the Vendors Sworn Statement of Account made in response to the Owner's request for said statement.


 
#48   CONTRACTOR SWORN STATEMENT of ACCOUNT to OWNER

As provided in Section 713.16(2), this is the Contractors Sworn Statement of Account made in response to the Owner's request for said statement.


 
#49   CONTRACTOR REQUEST for SWORN STATEMENT of ACCOUNT (BOND)

As provided in Section 713.16(4), this is a request from a General Contractor who has furnished a Payment Bond to a Vendor (or Subvendor) wherein the General Contractor requests a Statement of Account from the Vendor.


 
#50   VENDOR SWORN STATEMENT of ACCOUNT to CONTRACTOR

As provided in Section 713.16(4), this is the Vendors Sworn Statement of Account made in response to the Owner's request for said statement.


 
#51   VENDOR REQUEST for SWORN STATEMENT CONCEWRNINT DIRECT CONTRACTS

As provided in Section 713.16(5), this is a request for a Sworn Statement of Direct Contracts from a Vendor who has filed a lien to an Owner.


 
#52   OWNER SWORN STATEMENT to VENDOR CONCERNING DIRECT CONTRACTS

As provided in Section 713.16(5), this is a Sworn Statement of Direct Contracts from the Owner to a Vendor who has filed a lien in response to the Vendors demand for such written statement.

 
Conditional Payment Bond Forms

GENERAL INFORMATION

The following documents and their associated procedures are applicable only to projects with a Conditional Payment Bond.


 
#53   CERTIFICATE of PAYMENT to the CONTRACTOR

Within 90 days after a Claim of Lien is made for services and/or materials for which the Contractor has been paid, on a project protected by a Conditional Payment Bond, the Owner or the Contractor may record a Notice of Bond, a copy of the bond, and a Certificate of Payment to the Contractor. The sworn Certificate of Payment to the Contractor makes it a matter of public record that the Owner has paid the Contractor the amount stated, said payment having been for the services and materials in the Claim of Lien.


The Certificate of Payment to the Contractor must be signed by the Owner. The statute does not specifically state that the Contractor must also sign the Certificate of Payment, although the statutory form provided in the statute includes a separate signature line for the Contractor.


Upon receiving the three documents (Notice of Bond, the Bond, and the Certificate) from either the Owner or the Contractor, the Clerk shall record the documents and serve a copy of the documents to the Contractor, the Surety and the Vendor.


If the Contractor also signs the Certificate of Payment to the Contractor or records a Joinder in Certificate, or fails to record a Notice of Contest within 15 days of receiving the Certificate of Payment to the Contractor, the Vendor lien shall be transferred to the Conditional Payment Bond up to the maximum amount of the payment specified in the Certificate of Payment. If the lien is greater than the amount specified in the Certificate, then the remaining balance shall remain as a lien.   Section 713.245(10) Florida Statutes


The Certificate of Payment to the Contractor in BuildingForms is identical to that provided in Section 713.245(4).


 
#54   JOINDER in CERTIFICATE of PAYMENT

In the event the Contractor is not a signor to the Certificate of Payment to the Contractor filed by the Owner, the Contractor may join in the Certificate at any time by recording a Joinder in Certificate of Payment. Upon receipt of the Joinder in Certificate of Payment, the Clerk shall record it and serve a copy on the Owner, the Surety and the Vendor.


The Joinder in Certificate of Payment in BuildingForms is identical to that provided in the Florida Statutes.   Sec 713.245(6)


 
#55   NOTICE of CONTEST of PAYMENT

In the event the Contractor disputes the Owners Certificate of Payment to the Contractor, the Contractor may record a Notice of Contest of Payment, said Notice to be made within 15 days after the date of service on the Certificate.


The Notice of Contest of Payment in BuildingForms is identical to that provided in Section 713.245(8).

 
Vendor Final Release Forms

GENERAL INFORMATION

Section 713.20(4) provides a Final Lien Release form and stipulates that if a Vendor is required to execute a lien release in exchange for a final payment that the lien release form shall be in substantially the same form.


As provided in Section 713.20(6), a Vendor cannot be compelled to execute a lien release that is worded differently than the statutory forms.


As provided in Section 713.20(7), a Lien Release may be conditioned upon the payment of a check.


Section 713.235(1) provides a similar form for Final Waiver against a Payment Bond. Section 713.235(3) provides an identical restriction against requiring the use of a Waiver that is different from the statutory form.


The Vendor Final Releases provided in BuildingForms are worded exactly like the statutory forms, with variations that include being conditioned upon the receipt of funds within a specified number of days, or conditioned on the successful payment of a check given in exchange for the Release. The BuildingForms documents also provide alternate forms with a Notary Certificate, although there is no requirement in Chapter 713 that a Lien Release must be notarized.

 
#56   VENDOR FINAL LIEN RELEASE - STATUTORY FORM

This is a Final Lien Release form prescribed by Florida Statutes.


 
#57   VENDOR FINAL LIEN RELEASE - STATUTORY FORM - NOTARIZED

Same as #56 with the addition of a Notary Certificate at the bottom.


 
#58   VENDOR FINAL LIEN RELEASE - CONDITIONAL - TIME LIMIT

This is a Partial Lien Release form prescribed by Florida Statutes that is conditional upon the actual receipt of the specified funds with the specified time limit.


 
#59   VENDOR FINAL LIEN RELEASE - CONDITIONAL - TIME LIMIT - NOTARIZED

Same as #58 with the addition of a Notary Certificate at the bottom.


 
#60   VENDOR FINAL LIEN RELEASE - CONDITIONAL - PAYMENT BY CHECK

This is a Partial Lien Release form prescribed by Florida Statutes that is conditional upon the actual receipt of the specified funds with the specified time limit.


 
#61   VENDOR FINAL LIEN RELEASE - CONDITIONAL - PAYMENT BY CHECK - NOTARIZED

Same as #61 with the addition of a Notary Certificate at the bottom.


 
#62   VENDOR FINAL WAIVER of CLAIM AGAINST THE PAYMENT BOND (SECTION 255.05)

This Final Waiver of Right to make a Claim Against a Payment Bond is commonly given in exchange for a final payment. It is similar to a Lien Release except that it applies only to bonded projects. This form with the reference to Section 255.05 is for use on Public Construction projects only.


 
#63   VENDOR FINAL WAIVER of CLAIM AGAINST THE PAYMENT BOND (SECTION 713)

This Final Waiver of Right to make a Claim Against a Payment Bond is commonly given in exchange for a final payment. It is similar to a Lien Release except that it applies only to bonded projects. This form with the reference to Section 713 is for use on all projects except Public Construction projects.

 
Payment Bond Contest Forms

GENERAL INFORMATION

The Payment Bond Contest forms discussed below are only applicable to projects with a Payment Bond.

 
#64   NOTICE of NON PAYMENT

On bonded projects, all Lienors must serve a Notice of Non-Payment on the Contractor and the Surety in order to preserve their rights to recover under the bond. The Notice of Non Payment must be served sometime between 45th day the Lienor first furnished services or materials to the project, and before the 90th day after they finished furnishing labor or materials to the project.   Section 713.23(1)(d) Florida Statutes

 
#65   NOTICE of CONTEST of CLAIM AGAINST PAYMENT BOND (SECTION 255.05)

The Notice of Contest of Claim Against Payment Bond is similar to a Notice of Contest of Lien. When served by an Owner on a Vendor who has made a claim against the Payment Bond, the Notice of Contest of Claim Against Payment Bond forces the Vendor to file a suit to enforce the lien within 60 days of the service of the Notice or the claim will be removed. Essentially, the Notice of Contest of Claim Against Payment Bond has the effect of shortening the period in which a Vendor may file suit to enforce a claim from the statutory one year period from the date the claim was filed TO 60 days from the service of the Notice. This form with the reference to Section 255.05 is for use on Public construction projects only.

 
#66   NOTICE of CONTEST of CLAIM AGAINST PAYMENT BOND (SECTION 713)

The Notice of Contest of Claim Against Payment Bond is similar to a Notice of Contest of Lien. When served by an Owner on a Vendor who has made a claim against the Payment Bond, the Notice of Contest of Claim Against Payment Bond forces the Vendor to file a suit to enforce the lien within 60 days of the service of the Notice or the claim will be removed. Essentially, the Notice of Contest of Claim Against Payment Bond has the effect of shortening the period in which a Vendor may file suit to enforce a claim from the statutory one year period from the date the claim was filed TO 60 days from the service of the Notice. This form with the reference to Section 713 is for use on all projects except Public construction projects.   Section 713.23(1)(e) Florida Statutes

 
Affidavit Forms
 
#67   OWNERS REQUEST FOR CONTRACTORS INTERIM AFFIDAVIT

This letter from the Owner to the Contractor is a request for the Contractor to furnish a Contractors Interim Affidavit along with the next Progress Payment Request as provided in Section 713.06(3)(c)(1). The furnishing of an Contractors Interim Affidavit is not mandatory unless specifically requested by the Owner.


 
#68   CONTRACTORS INTERIM AFFIDAVIT

This is the form for a Contractors Interim Affidavit, which must be furnished to the Owner prior to any progress payment if so requested by the Owner as provided in Section 713.06(3)(c)(1)


 
#69   CONTRACTORS FINAL AFFIDAVIT

This is the for for the Contractors Final Affidavit, as provided in Section 713.06(3)(d)(1) which must be furnished by the Contractor to the Owner prior to receiving the Final Payment under the contract. The Affidavit must be provided to the Owner at least five days prior to the Contractor initiating any action to enforce a lien placed by the Contractor. The Affidavit must itemize all Lienors under the Contractors direct contract who have served a timely Notice to Owner and who have not been paid as of the date of the Affidavit.

 
Contractor Final Release Forms

GENERAL INFORMATION

Section 713.20(5) provides a Final Lien Release form and and stipulates that if a Contractor is required to execute a lien release in exchange for a final payment that the lien release form shall be in substantially the same form.


As provided in Section 713.20(6), a Contractor cannot be compelled to execute a lien release that is worded differently than the statutory forms.


As provided in Section 713.20(7), a Lien Release may be conditioned upon the payment of a check.


The Contractor Final Releases provided in BuildingForms are worded exactly like the statutory forms, with variations that include being conditioned upon the receipt of funds within a specified number of days, or conditioned on the successful payment of a check given in exchange for the Release. The BuildingForms documents also provide alternate forms with a Notary Certificate, although there is no requirement in Chapter 713 that a Lien Release must be notarized.

 
#70   CONTRACTOR FINAL LIEN RELEASE - STATUTORY FORM

This is a Final Lien Release form prescribed by Florida Statutes.


 
#71   CONTRACTOR FINAL LIEN RELEASE - STATUTORY FORM - NOTARIZED

Same as #70 with the addition of a Notary Certificate at the bottom.


 
#72   CONTRACTOR FINAL LIEN RELEASE - CONDITIONAL - TIME LIMIT

This is a Partial Lien Release form prescribed by Florida Statutes that is conditional upon the actual receipt of the specified funds with the specified time limit.


 
#73   CONTRACTOR FINAL LIEN RELEASE - CONDITIONAL - TIME LIMIT - NOTARIZED

Same as #72 with the addition of a Notary Certificate at the bottom.


 
#74   CONTRACTOR PARTIAL LIEN RELEASE - CONDITIONAL - PAYMENT BY CHECK

This is a Partial Lien Release form prescribed by Florida Statutes that is conditional upon the actual receipt of the specified funds with the specified time limit.


 
#75   CONTRACTOR PARTIAL LIEN RELEASE - CONDITIONAL - PAYMENT BY CHECK - NOTARIZED

Same as #74 with the addition of a Notary Certificate at the bottom.

 
Lien Forms
 
#76   VENDOR CLAIM of LIEN

As provided in Section 713.08(3), this is a Claim of Lien form that may be used by a Vendor to place a Lien on a property. A Claim of Lien must be recorded within 90 days of the final furnishing of services or materials by the Vendor. A copy of the Claim of Lien should be served on the Owner within 15 days of it's recording.


 
#77   CONTRACTOR CLAIM of LIEN

AS provided in Section 713.08(3), this is a Claim of Lien form that may be used by a Contractor to place a Lien on a property. A Claim of Lien must be recorded within 90 days of the final furnishing of services or materials by the Contractor. A copy of the Claim of Lien should be served on the Owner within 15 days of it's recording.


 
#78   NOTICE of CONTEST of LIEN - to VENDOR

The Notice of Contest of Lien is a document prescribed by Section 713.22(2) in which an Owner contests a lien and, as a consequence of the Notice, the Vendor is required to file suit to enforce the lien within 60 days of the service of the Notice or will the lien will be removed. Essentially, the Notice of Contest of Lien has the effect of shortening the period in which a Vendor may file suit to enforce a lien from the statutory one year period from the date the lien was filed TO 60 days from the service of the Notice.


 
#79   NOTICE of CONTEST of LIEN - to CONTRACTOR

The Notice of Contest of Lien is a document prescribed by Section 713.22(2) in which an Owner contests a lien and, as a consequence of the Notice, the Contractor is required to file suit to enforce the lien within 60 days of the service of the Notice or will the lien will be removed. Essentially, the Notice of Contest of Lien has the effect of shortening the period in which a Contractor may file suit to enforce a lien from the statutory one year period from the date the lien was filed TO 60 days from the service of the Notice.

 
Lien Bond Forms

GENERAL INFORMATION

As provided in Section 713.24, a lien may be transferred to a cash deposit or to a Lien Transfer Bond. An Owner may transfer a Contractors Lien, or either an Owner or a Contractor may transfer a Vendors Lien. A Lien that is transferred to a cash deposit is done at the Clerks office, typically with a cashier's check, and does not require a special form. A Lien Transfer Bond is issued by a Surety licensed to conduct business in the State of Florida. The cash deposit or the Lien Transfer Bond has the effect of removing the lien from the property and placing it against the deposit or the Bond instead. The cash deposit or the Lien Transfer Bond must be in the amount of the lien, plus interest at the legal rate for three years (currently 12% per year), plus $1,000 or 25% of the lien, whichever is greater. Once the cash deposit or the Lien Transfer Bond has been posted with the Clerks Office, the Clerk shall send a Notice of Transfer of Security to the Vendor advising the Vendor that the lien against the Owners property has been transferred accordingly.

 
#80   LIEN TRANSFER BOND - VENDOR LIEN

This is a form of a Lien Transfer Bond for a Vendor Lien.


 
#81   LIEN TRANSFER BOND - CONTRACTOR LIEN

This is a form of a Lien Transfer bond for a Contractors Lien.


 
#82   NOTICE of TRANSFER of SECURITY - to VENDOR

Upon transfer of a Vendors Lien to a Lien Transfer Bond or a cash deposit, the Clerk of Court is required by Section 713.24(1)(b) to send this Notice of Transfer of Security to the Vendor advising them of the transfer. This Notice must be sent by registered or certified mail to the Vendor named on the Claim of Lien, at the address thereon.


 
#83   NOTICE of TRANSFER of SECURITY - to CONTRACTOR

Upon transfer of a Contractors Lien to a Lien Transfer Bond or a cash deposit, the Clerk of Court is required by Section 713.24(1)(b) to send this Notice of Transfer of Security to the Contractor advising them of the transfer. This Notice must be sent by registered or certified mail to the Contractor named on the Claim of Lien, at the address thereon.


 
#84   NOTICE of BOND - to VENDOR

In the event a Vendor files a Claim of Lien against a property that is protected by a Payment Bond, the Owner or Contractor must record this Notice of Bond with the Clerk of Courts in order to have the Lien transferred to the bond. Upon this filing, the Clerk shall send a copy of the Notice of Bond to the Vendor which gives them notice that the lien attaches to the Bond and not the Owners property.

 
Satisfaction of Lien Forms

GENERAL INFORMATION

As provided in Section 713.21 a Partial Satisfaction of Lien is used to reduce the amount of a previously recorded lien by the amount specified and a Full Satisfaction of Lien is used to remove a previously recorded lien. The Satisfaction of Lien may be signed by the original Lienor (Contractor or Vendor), his agent or his attorney, and specifically by the person who signed the original Claim of Lien. Unlike a Lien Release, which is not required to be notarized, a Satisfaction of Lien must be notarized because it is expected to be recorded. The Florida Statutes do not specify or provide a specific form for this purpose. The form provided in BuildingFroms is designed to facilitate the recording requirements of the Clerks office.

 
#85   VENDOR PARTIAL SATISFACTION of LIEN

A form for a Partial Satisfaction of Lien from a Vendor in a format that includes a Notary Certificate and that facilitates the recording requirements of the Clerks office.


 
#86   VENDOR FULL SATISFACTION of LIEN

A form for a Final Satisfaction of Lien from a Vendor in a format that includes a Notary Certificate and that facilitates the recording requirements of the Clerks office.


 
#87   CONTRACTOR PARTIAL SATISFACTION of LIEN

A form for a Partial Satisfaction of Lien from a Contractor in a format that includes a Notary Certificate and that facilitates the recording requirements of the Clerks office.


 
#88   CONTRACTOR FULL SATISFACTION of LIEN

A form for a Final Satisfaction of Lien from a Contractor in a format that includes a Notary Certificate and that facilitates the recording requirements of the Clerks office.

 
Termination of Project Forms

GENERAL INFORMATION

Restarting a project after it has been abandoned or after the construction has ceased is complicated. If you find yourself in this position, you need to consult with an attorney before taking any action, including filing an Affidavit of Abandonment and Intent to Recommence Construction or filing a Notice of Recommencement.


 
#89   LENDERS NOTICE of TERMINATION of FUNDING - to VENDOR

In accordance with Section 713.3471(1)(a), in the event the construction Lender decides to suspend or terminate construction funding for a project at any time prior to the point where the project is fully funded, the Lender is required within 5 business days to serve written notice of said decision to the Contractor and to any Vendors who have "given the Lender notice". Florida Statutes do not provide for specific wording or form for this notice. The form provided in BuildingForms should suffice for this purpose.


 
#90   LENDERS NOTICE of TERMINATION of FUNDING - to CONTRACTOR

In accordance with Section 713.3471(1)(a), in the event the construction Lender decides to suspend or terminate construction funding for a project at any time prior to the project's full funding, the Lender is required within 5 business days to serve written notice of said decision to the Contractor and to any Vendors who have "given the Lender notice". Florida Statutes do not provide for specific wording or form for this notice. The form provided in BuildingForms should suffice for this purpose.


 
#91   NOTICE of TERMINATION of NOTICE of COMMENCEMENT

An Owner may terminate a previously recorded Notice of Commencement by recording this Notice of Termination with the Clerks office as provided in Section 713.132(1). The Notice of Termination includes a statement that all Lienors have been paid in full, and prior to recording must be served on the Contractor and all Vendors who have given notice except those who have executed a Waiver and Release of Line upon Final Payment. The Notice of Termination shall be effective at the date specified in the Notice or 30 days after the date it is recorded, whichever is later.


 
#92   AFFIDAVIT of ABANDONMENT and INTENT to RECOMMENCE CONSTRUCTION

In accordance with Section 713.07(4), if the construction ceases before completion, the Owner may pay all Vendors in full or record an affidavit in the Clerk's office stating that he intends to recommence construction and that Vendors giving notice have been paid in full and/or listing those who have not been paid. A copy of the affidavit must be served on each Vendor named as unpaid in the affidavit. The recording and serving of the affidavit will than compel those Vendors as unpaid to file a lien within 30 days or their lien rights will be subordinate to later liens. The section also requires the Owner to record and post a new notice of Commencement as provided in Section 713.13.


 
#93   NOTICE of RECOMMENCEMENT

In accordance with Section 713.13, in the event that the construction has been abandoned or suspended before completion, and the Owner has terminated the Notice of Commencement and wishes to begin the construction, the Owner must re-record the Notice of Commencement via a document that is commonly titled a Notice of Recommencement.


 
#94   DEMAND for RECLAMATION

In accordance with the provisions of Section 713.15, the Demand for Reclamation advises the Owner that the Vendor has not been paid for certain materials that have been delivered to the Owners property, that the Owner should not remove or sell the materials, and that the Vendor intends to recover the materials.


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