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Is it allowed by law to dissmiss all lien rights in a contract

Anonymous Contractor

I have a contract in Florida with a paragraph waiving my right to any liens. The following section directs that subcontracts impose the same on our subcontractors I recall an article you stated to be wary of such inputs and illegal in some states. Is it legal in Florida. Should such language be stricken in all contracts?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 998 reviews

Nov 27, 2017

Good eye! You were right to be skeptical - Florida is one of many states that prohibit the waiver of lien rights before work has been performed. A "no lien" clause at the outset of a project will not be given effect in Florida (regardless of tier), and such language should be removed. Even if not removed, though, the contractual provision will not prevent the filing of a lien. Keep in mind that while Florida specifically prohibits waivers in advance of furnishing labor and/or materials, waiving the right to file a lien for labor and/or materials already furnished to a project is allowed.

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