Legal Question in Construction Law in Florida

Legally speaking after a Notice to Owner is received and then the customer wants a lien release shouldn't they pay the amount due then? We run into the problem that our customers ask for a copy of the lien release but then does not pay for 2-3 weeks sometimes. Of couse, the original is given until we have been paid.


Asked on 9/17/10, 4:18 am

1 Answer from Attorneys
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

Check out Florida Statute 713.20(7) found here:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search;_String=&URL=0700-0799/0713/Sections/0713.20.html

Basically, under Florida construction lien law you can include language in your lien waiver or release that says that the waiver or release is conditioned upon payment of a check.

If the customer does not pay you when you have a conditional waiver, then you can proceed with a lien foreclosure and the statute I cited should protect you.

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Answered on 9/22/10, 5:11 am


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