Florida lien waiver requirements
Florida publishes two waiver forms and bars anyone from requiring a different one. A waiver that departs from them is enforceable on its own terms.
Florida Statutes §713.20
Not strictly. Florida publishes a progress payment form and a final payment form in §713.20, and no one can require you to sign a different one. A waiver that is not substantially similar to those forms is enforceable according to its own terms, so the statutory forms are the safe path rather than a requirement.
The short version
Florida Statutes §713.20 sets out a progress payment form and a final payment form. Unlike California and Texas, it does not void a waiver that departs from them: under subsection (8), a waiver that is not substantially similar to the forms is enforceable in accordance with its own terms. What the statute does do is bar waivers of future lien rights, bar anyone from requiring a lienor to sign a different form, and let a lienor condition a waiver on a check clearing. The forms are the safe path, not a requirement.
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At a glance
- Two published forms: progress payment and final payment (§713.20(4) and (5))
- No one may require a lienor to sign a different form (§713.20(6))
- A waiver that differs from the forms is enforceable on its own terms (§713.20(8))
- No advance waivers: a lien right can be waived only for work already furnished (§713.20(2))
The two §713.20 forms
Subsection (4) gives a Waiver and Release of Lien Upon Progress Payment and subsection (5) gives a Waiver and Release of Lien Upon Final Payment. Both are worded as unconditional: in consideration of the sum stated, the lienor waives and releases its lien and right to claim a lien. The progress form is limited to work through a date and says it does not cover any retention or work furnished after that date. The final form releases the lien for the job.
The statute says a waiver "may be in substantially the following form". The forms are a safe harbor, not a mandate.
Conditioning a waiver on payment
Under §713.20(7), a lienor who signs a waiver in exchange for a check may condition the waiver on payment of the check. That is how a conditional waiver works in Florida. The statute does not publish separate conditional forms, so the condition is wording added to the statutory form.
Without a payment bond protecting the owner, the owner may withhold the amount of an unpaid check from the contractor until the condition is satisfied.
Advance waivers are unenforceable
Under §713.20(2), a right to claim a lien may not be waived in advance, and may be waived only to the extent of labor, services or materials furnished. A waiver of future lien rights signed up front is unenforceable. A clause in a sub contract that waives all lien rights at signing does not protect you.
Common Florida mistakes
Collecting a waiver for work not yet done. It is unenforceable for the future work.
Requiring a sub to sign your own form. §713.20(6) says a person may not require a lienor to furnish a waiver different from the statutory forms.
Assuming a generic template is void. It is enforceable on its own terms, which cuts both ways: a loosely worded waiver can release more than the signer meant to.
Sending the unconditional form before the check clears. The statutory forms are worded as unconditional. Add the payment condition under §713.20(7) or wait for the funds.
Questions
No. §713.20 publishes a progress form and a final form and says no one may require a different one, but a waiver that is not substantially similar to them is enforceable in accordance with its own terms (§713.20(8)). Most GCs use the statutory forms because they are the safe path.
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Delaware lien waiver requirements
Delaware voids any contract waiver of lien rights signed before payment.
Georgia lien waiver requirements
Georgia prescribes two statutory lien waiver forms. Generic templates are void on their face.
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More on Florida lien waiver law
The full statute breakdown behind §713.20.
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