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Does the FL statutory lien waiver form waive the right to make a miller/little miller act claim?

Florida

We are a GC and a subcontractor who has a payment pending does not want to sign our lien waiver form (it is very broad). They will sign the FL statutory lien waiver form. Does the statutory form protect us against miller act claims? Should/can we demand a waiver of bond claim rights that is in addition to the FL statutory lien waiver? This is a federal project.

1 reply

Sep 25, 2020

There is a Florida statutory bond waiver form. It's not written for the Miller Act, obviously, but you could try that form. Like you, I would strongly suggest you get a waiver that actually mentions bond rights rather than "lien" rights. It leaves too much for interpretation later.

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