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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XL. REAL AND PERSONAL PROPERTY |
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CHAPTER 713. LIENS, GENERALLY |
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PART I. CONSTRUCTION LIENS |
- 1(1) 2When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 28713.23 29or s. 31713.245, 32in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form:
52WAIVER OF RIGHT TO CLAIM
57AGAINST THE PAYMENT BOND
61(PROGRESS PAYMENT)63The undersigned, in consideration of the sum of $ 72hereby waives its right to claim against the payment bond for labor, services, or materials furnished through 89(insert date) , 91to 92(insert the name of your customer) 98on the job of 102(insert the name of the owner) , 108for improvements to the following described project:
115(description of project)
118This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.
136DATED on
138(Lienor)
139By:
140(2) 141When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 167713.23 168or s. 170713.245, 171in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form:191WAIVER OF RIGHT TO CLAIM
196AGAINST THE PAYMENT BOND
200(FINAL PAYMENT)202The undersigned, in consideration of the final payment in the amount of $ , 215hereby waives its right to claim against the payment bond for labor, services, or materials furnished to 232(insert the name of your customer) 238on the job of 242(insert the name of the owner) , 248for improvements to the following described project:
255(description of project)
258DATED on
260(Lienor)
261By:
262(3) 263A person may not require a claimant to furnish a waiver that is different from the forms in subsections (1) and (2).285(4) 286A person who executes a waiver in exchange for a check may condition the waiver on payment of the check.306(5) 307A waiver that is not substantially similar to the forms in this section is enforceable in accordance with its terms.
