Home>Levelset Community>Legal Help>If i drafted Intent to Lien, and now contractor has paid. He is requesting a Lien Release

If i drafted Intent to Lien, and now contractor has paid. He is requesting a Lien Release

I did an Intent to Lien on a roofing company here in Jupiter, FL for a project we did and completed. He had not paid for a week, so we provided the Intent to Lien. He has paid in full and therefor he is requesting a Lein Release. I am not familiar that a release is necessary as there was never a lein. Am i missing something or a document that i can draft and send? Thank you

1 reply

Nov 18, 2019

Unfortunately, it's extremely common for contractors to use the terms "lien waiver" and "lien release" interchangeably. So, potentially, a contractor requesting a lien release may actually be referring to a waiver. More on that here: Lien Waiver vs Lien Release: What’s the Difference? However, if no mechanics lien has been filed, then filing a mechanics lien release wouldn't make much sense. After all, lien releases are filed in the property record in order to cancel an already-filed lien. In fact, filing a mechanics lien release where no mechanics lien was filed may even have the opposite of the intended effect and create some confusion with the property record. Instead, submitting a lien waiver (as appropriate) would likely make much more sense. Alternatively, sending a document like a retraction letter might also work to appease a contractor who's looking for an assurance that no lien has been or will be filed. For more information about Florida mechanics lien waivers: - Florida Lien Waiver Forms & Guide – All You Need to Know - Florida Lien Waivers | Common Mistakes & How to Avoid Them

0 people found this helpful

Helpful