Legal Question in Construction Law in Florida

what good are waivers of lien

I have an electrical contractor that has abandoned my project. I have paid him partial draws and gotten waivers of lien from suppliers that have posted notice to owners. The waivers are for material supplied up to the specified date. Seems the checks he gave to the suppliers did not clear, and now the suppliers are coming to me for the full amounts, are these waivers null and void now if his check bounced. If so, how can we ever protect ourselves? Thank You.


Asked on 1/25/03, 7:45 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: what good are waivers of lien

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The material suppliers may have a cause of action pursuant to Fla. Stat. 713.31 against the contractor for being induced to furnish a fraudulent release of lien. I would need to review the statute again, and refresh my memory. Furthermore, as to whether the release is still valid, it would also depend on whether the release of lien was a conditional release, and you would need to read the release. There are also other remedies and other issues which your question does not address. If you need to discuss this matter further then contact the undersigned attorney during normal business hours.

Yours truly,

Randall L. Gilbert

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Answered on 1/25/03, 9:27 am


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