Board-Certified In Construction Law By The Florida Bar

Contractor’s Final Payment Affidavit

Note: the following Contractor’s Final Payment Affidavit form is provided free of charge as a form in compliance with Section 713.06 Florida Statutes for use in support of a Claim of Lien pursuant to Florida’s Construction Lien Law. You should be prepared to fill in all areas [in brackets, bolded and italicized]. While these forms may appear straightforward, the Florida Construction Lien Law has many requirements that must be strictly complied with to preserve your claims, and to avoid being held liable for another party’s attorneys fees and other damages for bringing a claim that does not strictly comply with the Florida Construction Lien Law. Use of this form is at your own risk, and experienced construction attorneys should be consulted regarding the use of this form and your rights under any applicable contract and/or claim of lien.

CONTRACTOR’S FINAL PAYMENT AFFIDAVIT

State of [STATE WHERE AFFIDAVIT BEING EXECUTED]
County of [COUNTY WHERE AFFIDAVIT BEING EXECUTED]

Before me, the undersigned authority, personally appeared [NAME OF PERSON EXECUTING AFFIDAVIT], who, after being first duly sworn, deposes and says of his or her personal knowledge the following:

1. He or she is the [TITLE OF PERSON EXECUTING AFFIDAVIT], of [NAME OF LIENOR COMPANY EXECUTING AFFIDAVIT], which does business in the State of Florida, hereinafter referred to as the “Contractor.”

2. Contractor, pursuant to a contract with [NAME OF OWNER WHO YOUR CONTRACT IS WITH], hereinafter referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract.

3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $[AMOUNT OF MONEY YOU ARE STILL OWED].

4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors:

NAME OF LIENOR AMOUNT DUE

[LIST NAMES OF ALL LIENORS STILL OWED MONEY UNDER YOU AND AMOUNTS DUE EACH SUCH LIENOR]

Signed, sealed, and delivered this_____ day of _______________ , ________ ,

[SIGNATURE OF PERSON EXECUTING AFFIDAVIT]

By [NAME OF PERSON EXECUTING AFFIDAVIT]

[TITLE OF PERSON EXECUTING AFFIDAVIT]

[NAME OF LIENOR COMPANY EXECUTING AFFIDAVIT]

Sworn to and subscribed before me this ___ day of __________, ____ by [NAME OF PERSON EXECUTING AFFIDAVIT], who ____ is personally known to me or ____ produced __________________ as identification, and did / did not take an oath.

____________________________

Notary Public

My Commission Expires: