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How to proceed getting a Contractor's Final Payment Affidavit before Lien is filed ?

FloridaConstruction ContractLien DeadlinesLien ForeclosureLien ReleasesMechanics LienNotice of Intent to LienPayment DisputesRight to Lien

Roof repair completed August 6, 2019. Insurance paid 10K and I am billed $9K more. Insurance refuses to disburse balance due. Contractor sent Intent letter to Lien Mobile Home for unpaid bill. Per FL Statute 713, I can withhold monies until Contractor ascertains all people participating on the project have been paid. I sent Certified letter to Contractor asking for a list of subcontractors, sub-subcontractors, suppliers and material-man about 2 months ago. No reply. Yesterday, I sent new Certified letter asking for Contractor's Final Payment Affidavit before I pay final bill to make sure who remain (if any) without pay. Still have not heard from Contractor. Looks to me Contractor wants to file lien without giving me this info. How can I protect myself and properly pay outstanding bill without knowing whom (subcontractors, sub-subcontractors, etc) participated in project, the pay they deserve and if they are paid in full? I need to stop Contractor on its tracks (I am under the impression they probably want to charge me interest charges, like if I am a money printing machine and that's an act of bad faith) and stop further modifications to the filed lien if it goes through. Thank you for your response

2 replies

Oct 11, 2019
If you requested a sworn statement of account and a list of subcontractors and the contractor failed to respond, his lien would likely be void the moment it was filed. Further, even if the GC records a lien, he/she will have to provide you with a contractor's affidavit before filing suit to foreclose the lien, so you will ultimately receive the affidavit you are looking for if the contractor tries to enforce the lien. All that being said, there's not a lot you can do to force him to provide you with the affidavit other than telling him you're withholding payment until you receive the affidavit.
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Jun 30, 2020
Hello, my roof was installed in April 2020 insurance paid about seven thousand dollars for the roof claim, but did not pay for 2 leaks a had claimed as well, they did not get approve. Moving forward i gave the GC the insurance payout plus my side of the agreement in full which was the deductible and the depreciation amount. The installation agreement amount was met and so the roof was installed and completed. Now im trying to refinance my home and title company needs for GC to fill out and sign contractor's final payment Affidavit to terminate commencement notice, i say no problem because i dont owe them anything but now GC wont sign because they said they are still trying to supplement and collect on the insurance company for supposedly unpaid additional work they did when in fact they did not. They clearly seen before hand what the roof got appoved for and still did the work, now they are telling me they are trying to collect additional funds for work performed on roof. Is this possible? They did not fix my leaks and insurance did not approve them anyway. What should i do in this case? Can they put a lien on my home if insurance does not pay?
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