Legal Question in Construction Law in Florida

Re: Release of lien

(This is not legal advice)

It is customary in the construction industry for owners and general contractors to request partial or complete releases (or waivers) of lien in exhchange for partial or full payment of contract amounts. However, generally, such releases are given in exchange for a payment. In your situation in sounds like you are being asked to tender a waiver in exchange for the opportunity to request to be paid. I would not advice you to proceed in this manner. Once you tender the waiver of lien your rights are lost. I would tender the release or waiver of lien in exchange for payment.

Re: Release of lien

Florida Statute §713.20(2) provides that “A right to claim a lien may not be waived in advance. … Any waiver of a right to claim a lien that is made in advance is unenforceable.” In order to insure yourself that you are not waiving any lien rights in advance of payment you can either (1) insist upon payment at the same time that the release is provided (i.e. done simultaneously) or (2) provide them with a "Conditional Release of Lien" Go to our website at

http://www.theconstructionlawyers.com/ and click on forms and then click on conditional release of lien. This is a release of lien that is given but is conditioned upon the funds actually being delivered to the contractor. If the Contractor is never delivered the funds, or if the check bounces, then the conditional release of lien is invalid, and thus you have not waived any lien rights.

Good luck,

Randall Gilbert