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Should I sign a lien waiver if it suggest that it will only apply after a payment has been made.

FloridaLien ReleasesLien WaiversMechanics Lien

To whom it may concern, I filed a lien against a contractor for the non payment of one weeks worth of work. I received a call from the material provider last week. They are who hired the installer who contracted me for part of the install. Then later that day the contractor who hired me was emailing me asking for COI’s stating that is the reason why I had not been paid. So within 24hrs I sent over my COI’s. Now he has sent me a lien release form. It states that if I sign the waiver I will be paid. I have already file the lien, will signing this release negate my lien? Or do I not sign until the payment is made. Thank you, Daniel Krek

6 replies

Jan 19, 2022
I cannot comment on a document that I have not seen. I recommend that you exchange the lien waiver for payment. Giving it in advance means that you are assuming the other party will be honest and pay you.
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Jan 20, 2022
So the form is from the Florida statutes 713.02. It says that the lien waiver is contingent upon receipt of payment. So I guess my question is. Legally is it okay not to sign and provide a lien waiver until the payment is received, then release the existing lien I filed? Or legally am I now obligated to sign the form that states they are willing to pay? Because I do not think the contractor will pay me with any urgency and or possibly at all without me some how going through a claims service. If I do release the lien. Thank you, Daniel Krek
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Jan 20, 2022
The stautory lien waiver is section 713.20. It conditions the waiver on payment of a check - which means sufficient funds being in the checking account to pay the check. It does not mean that you have to give the waiver in advance of payment. I repeat that you should exchange the lien waiver for payment - by that I mean a simultaneous exchange - hand to hand.
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Jan 21, 2022
I would like to say how much I greatly appreciate you taking time to answer my questions. I would like to ask at least one more. I am not in the same state as this individual. So a person to person hand off is not possible. What other options do I legally have to resolve this, while still protecting myself, to ensure payment. Because I am in no desire to drag this out any further than necessary. Thank you, Daniel Krek
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Jan 21, 2022
I suggest that you contact a paralegal service where the other party is located and arrange to send your document to them and have them make the exchange for you. Be prepared to pay a fee of $100-150 for this service. The paralegal is acting as an escrow agent and is entitled to a fee for making a flawless exchange and getting you the check.
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Jan 22, 2022
Great. I will look into finding one in the contractors area. I do appreciate your time and advice. Take care. Thank you, Daniel Krek
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