Fla. Stat. §713.06(3)(d) · contractors in privity with the owner · free form
Contractor's Final Payment Affidavit — the sworn statement final payment turns on.
When final payment under a direct contract becomes due, §713.06(3)(d)1. requires the contractor to give the owner a final payment affidavit stating that all lienors who timely served a notice to owner have been paid in full, or listing each unpaid lienor and the amount due. The contractor has no lien or right of action against the owner while in default for not giving it, and must deliver it at least 5 days before instituting an action to enforce a lien. This generator prints the statutory form with your entries; you sign it before a notary.
Affiant, contractor, owner, the final payment amount, the lienor table, and both attestation blocks — the text §713.06(3)(d)1. sets out.
The affidavit is sworn; the notary block is on the form.
Upload the notarized PDF and we mail it certified — $19, tracking captured at dispatch, permanent archive of the delivery date.
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- If the affidavit lists unpaid lienors, the owner may, after 10 days' written notice to the contractor, pay them directly and deduct the amounts from the balance due (§713.06(3)(d)2.).
- Negligent inclusion or omission of information that has not prejudiced the owner does not constitute a default that defeats an otherwise valid lien (§713.06(3)(d)1.).
- The affidavit is required even if final payment has not become due because the contract was terminated, and whether or not the contractor has lienors under it (§713.06(3)(d)1.).
Source: Fla. Stat. §713.06 — Liens of persons not in privity; proper payments (leg.state.fl.us). Subcontractor or supplier instead? Florida Notice to Owner — $39.
NoticeSent is a document preparation and mailing service, not a law firm, and does not give legal advice. The generator fills the statutory form with the values you enter and adds nothing; the accuracy of the lienor list is the affiant's responsibility.
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