Florida Construction Lien Releases & Waivers
When to Use Each Type of Lien Waiver
Florida law recognizes two main types of lien waivers, each serving a distinct purpose:
Conditional Release of Lien: Used when payment has not yet been received. The release becomes effective only once the funds have cleared. This protects contractors and suppliers from losing lien rights if payment fails or is reversed.
Unconditional Lien Waiver: Used after payment has been fully received and verified. This type of waiver immediately extinguishes lien rights for the specified amount.
Signing the wrong one can expose you to unpaid balances or limit your ability to recover through lien enforcement. Contact Bitman Law to save time and ensure accuracy.
Legal Requirements Under Chapter 713
Florida’s Chapter 713 sets out the statutory framework governing lien releases and waivers. To be valid, a lien waiver in Florida must:
- Clearly identify the project, property owner, and amount paid
- Accurately specify the through date for which payment is being waived
- Comply with the statutory form provided in Section 713.20, Florida Statutes
- Be signed by the lienor or their authorized agent
Improper or ambiguous language can lead to disputes about what rights were waived and whether payment was truly satisfied. Bitman Law ensures your documents meet every requirement and reflect your intent precisely.
Common Pitfalls in Using Releases
Mismanaging lien waivers can have serious consequences. Common mistakes include signing a waiver prematurely before funds have cleared, using the wrong form, such as confusing a conditional waiver with an unconditional one, failing to specify payment details or the scope of work covered, and accepting overly broad or owner-drafted forms that waive more rights than intended. Bitman Law’s attorneys carefully review every lien release in Florida, ensuring the timing, language, and payment terms are accurate to prevent unintended waivers of your rights.
How Bitman Law Protects Clients with Proper Waivers
Bitman Law assists contractors, owners, and suppliers in safely navigating the lien waiver process by:
- Drafting customized conditional and unconditional lien waivers that comply with Florida law
- Reviewing third-party waiver forms before signature to ensure you’re not giving up more rights than necessary
- Negotiating fair release terms tied to verified payments
- Advising on best practices for tracking and exchanging releases throughout a project
Our team ensures that every lien waiver in Florida protects your financial interests while maintaining compliance with Chapter 713.
Contact Our Law Office
If you need help modifying a lien or have questions about how this affects payment, contact Bitman Law by calling 844-248-6265 or sending us a message.
FAQs on Releases & Waivers
Do I have to sign every lien waiver presented to me?
No. You are not legally required to sign a waiver unless it aligns with your payment status and contractual obligations. Always have an attorney review the document before signing, especially if payment has not yet cleared.
Can I revoke an unconditional lien waiver after signing?
Generally, no. Once signed and delivered, an unconditional lien waiver immediately waives your rights for the stated payment period, even if payment fails to clear.
What’s the safest practice for contractors and suppliers?
Always use a conditional release of lien until you confirm payment. Once funds are received, you can issue the unconditional waiver to close out the transaction safely.
