When you finish a Florida construction project, getting final payment may require more than sending an invoice. Florida law requires contractors to complete a final payment affidavit for the owner. This sworn document addresses unpaid lienors, such as subcontractors and suppliers that have not received payment. It can also affect your ability to enforce a construction lien.
What Must the Final Payment Affidavit Include?
Under Florida law, the affidavit must identify:
- Each unpaid lienor’s name
- What is currently owed or will become due for materials, services, or labor
The owner must generally retain final payment until receiving the affidavit. This gives the owner information about outstanding obligations before releasing the final funds.
When Must You Deliver the Affidavit?
If you seek to enforce a construction lien, you must first give the owner the affidavit. After delivery, you must wait five or more days to start an action to enforce your lien. Other deadlines also apply.
The rule can also apply if your contract ends before you finish the project. In that situation, you must provide the affidavit before bringing a lien enforcement action, even if final payment is not yet due.
Why Does the Final Payment Affidavit Matter?
Failing to provide the affidavit can prevent you from enforcing your construction lien. You must also meet other statutory deadlines to preserve your lien rights, including deadlines that apply to recording and enforcing a lien.
Addressing Final Payment and Lien Issues
This affidavit is one part of Florida’s broader construction lien process. Unpaid lienors, notice requirements, or questions about lien enforcement can affect how a final payment dispute develops. Keeping complete project and payment records can help clarify what remains outstanding.
If a dispute develops, legal guidance can help you review the affidavit, project records, and lien requirements that apply to your situation.