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Should there need to be an amount listed on a progress waiver if there isn't anything owed?

3 weeks ago

Typically, for a progress waiver with $0 due thru a date — we’ve always put $10.00 in input in the consideration of amount field.

When $0 is due thru a period for a final waiver — $0.00 in input in the amount field showing pd in full.

We’ve been having some customers ask us to redo progress waivers because they want it to state $0 and not $10.00. What is the best process so that we can avoid spending time redoing waivers?

Senior Legal Associate Levelset

The use of zero-dollar and ten-dollar lien waivers in Florida is an interesting dynamic. Ultimately, using these lien waivers as “catch-alls” isn’t a process created by statute. Rather, some customers prefer to use these types of waivers throughout the life of a job.

Because this interesting use of waivers is outside of the planned statutory scheme, there’s no “one way” to handle zero-dollar or ten-dollar lien waivers. So, the best way to be sure that you’re acting in line with a customer or contractor’s expectations might be to clear the air with them beforehand to get a better idea of what they’re expecting.

But, ultimately, using waivers in this manner isn’t legally necessary – so, it’s hard to say one specific way would be acceptable to all customers.

For more discussion on zero-dollar and ten-dollar lien waivers in Florida:
(1) Florida Lien Waivers | Common Mistakes & How to Avoid Them
(2) The Dangers of Zero Dollar Lien Waivers
(3) “Are there any legal ramifications in issuing a “partial waiver and release of lien” for zero dollars if the first progress payment has been made and the 2nd progress payment is not yet due?” | Florida Expert Center Question

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