A Guide to Florida's Construction Release Forms: What You Need to Know

Discover the essential insights into Florida's construction release forms with our comprehensive guide

ARIELA WAGNER

by

Ariela Wagner

Last updated:

Aug 28, 2023

Published:

Aug 28, 2023

WORKER SMILING

Attorney Reviewed

2.5 Mins

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In the vibrant realm of Florida's construction industry, the world of release forms might seem like a labyrinth. Are you a general contractor or a subcontractor? Are you giving or receiving a check? These are the crucial questions that shape the type of release form you need.

What are the Different Releases in Florida?

a. Broad Release – Let’s say you are a general contractor, and you are paying a subcontractor. This means that you are giving a check, and they are giving you a release form. Ideally, you should receive a broad release form that states that it releases all claims the subcontractor could ever have, such as delay claims, any extended overhead and general conditions, any material price escalations, etc. Basically, once you get the broad release, it means that everything is wiped off and you start from scratch.  

b. Narrow Release – A narrow release is of course the opposite of a broad release. Let’s say you are a general contractor who needs to give a release form to the owner once they give you the check or you are a subcontractor, you ideally need a release that gives away the least amounts of rights as possible. You should have some options to lay claim in the future on executed change orders, etc.

What are the Statutory Release Forms in Florida?

Florida's Chapter 713 lays out the statutory release forms. These forms are simple and direct, reducing the risk of misinterpretation.

Statutory Release Forms in Florida

Progress Payments Release Form: This release form is straightforward. By signing, the lienor waives and releases their lien rights and claims for labor, services, or materials furnished up to a specific date. It's important to note that this release doesn't cover labor, services, or materials provided after the specified date.

Final Payments Release Form: Much like the progress payment form, the final payment release form operates sans an expiration date. Once signed, it takes effect immediately. Signing this form means relinquishing all lien rights from the present onward.

Custom Release Forms: Beyond statutory forms, custom releases exist. These typically encompass more complex language, potentially translating into a broader waiver of rights. Custom releases often include clauses that release claims, change orders, materials, fees, costs, losses, and more. The inclusion of an insignificant sum, like $10, is a strategic move to validate the exchange of rights.

What are the top Strategic Considerations for Florida Releases?

Incorporating Release Forms in Contracts: Some contracts stipulate the use of specific release forms, either through naming or referencing Exhibits. If you sign such an agreement, it's imperative to abide by its terms and provide the designated forms accordingly.

Negotiating Release Forms: Negotiating the forms or releases during the broader contract negotiation phase is a prudent approach. Don't assume that the provided forms are your only option. You can propose using the forms outlined in Chapter 713, aligning them with your payment schedule.

The Crucial Match: Through Date and Dollars

One golden rule when signing a release is to ensure congruence between the 'through date' and the payment amount. The 'through date' is the release's effective date. It's not the dollar amount that governs the release but the 'through date.'

What are Conditional Releases?

Conditional releases are vital instruments when funds are uncertain. These statements make the release contingent upon receiving payment. For instance, you might add a condition such as, "This waiver and release is conditioned upon and not effective until the undersigned receives paid funds of $__________." This guards your interests when releasing claims before payment.

Remember: The term "Conditional" in the title alone doesn't suffice. The document must explicitly contain conditional language to be legally effective.

Key Takeaway

In Florida's construction industry, release forms safeguard your interests. Understanding the nuances of broad and narrow releases, grasping statutory forms, tactfully negotiating contracts, and ensuring alignment between through dates and dollars are the steps that lead to a harmonious project outcome. And remember, when uncertainty looms, conditional releases are your safety net. By mastering the art of construction release forms, you can navigate the landscape with confidence and precision.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

About Author

ARIELA WAGNER

Ariela Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 17 years of construction industry experience. Read More>

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Send a Florida's Construction Release Forms in 60 Seconds

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In the vibrant realm of Florida's construction industry, the world of release forms might seem like a labyrinth. Are you a general contractor or a subcontractor? Are you giving or receiving a check? These are the crucial questions that shape the type of release form you need.

What are the Different Releases in Florida?

a. Broad Release – Let’s say you are a general contractor, and you are paying a subcontractor. This means that you are giving a check, and they are giving you a release form. Ideally, you should receive a broad release form that states that it releases all claims the subcontractor could ever have, such as delay claims, any extended overhead and general conditions, any material price escalations, etc. Basically, once you get the broad release, it means that everything is wiped off and you start from scratch.  

b. Narrow Release – A narrow release is of course the opposite of a broad release. Let’s say you are a general contractor who needs to give a release form to the owner once they give you the check or you are a subcontractor, you ideally need a release that gives away the least amounts of rights as possible. You should have some options to lay claim in the future on executed change orders, etc.

What are the Statutory Release Forms in Florida?

Florida's Chapter 713 lays out the statutory release forms. These forms are simple and direct, reducing the risk of misinterpretation.

Statutory Release Forms in Florida

Progress Payments Release Form: This release form is straightforward. By signing, the lienor waives and releases their lien rights and claims for labor, services, or materials furnished up to a specific date. It's important to note that this release doesn't cover labor, services, or materials provided after the specified date.

Final Payments Release Form: Much like the progress payment form, the final payment release form operates sans an expiration date. Once signed, it takes effect immediately. Signing this form means relinquishing all lien rights from the present onward.

Custom Release Forms: Beyond statutory forms, custom releases exist. These typically encompass more complex language, potentially translating into a broader waiver of rights. Custom releases often include clauses that release claims, change orders, materials, fees, costs, losses, and more. The inclusion of an insignificant sum, like $10, is a strategic move to validate the exchange of rights.

What are the top Strategic Considerations for Florida Releases?

Incorporating Release Forms in Contracts: Some contracts stipulate the use of specific release forms, either through naming or referencing Exhibits. If you sign such an agreement, it's imperative to abide by its terms and provide the designated forms accordingly.

Negotiating Release Forms: Negotiating the forms or releases during the broader contract negotiation phase is a prudent approach. Don't assume that the provided forms are your only option. You can propose using the forms outlined in Chapter 713, aligning them with your payment schedule.

The Crucial Match: Through Date and Dollars

One golden rule when signing a release is to ensure congruence between the 'through date' and the payment amount. The 'through date' is the release's effective date. It's not the dollar amount that governs the release but the 'through date.'

What are Conditional Releases?

Conditional releases are vital instruments when funds are uncertain. These statements make the release contingent upon receiving payment. For instance, you might add a condition such as, "This waiver and release is conditioned upon and not effective until the undersigned receives paid funds of $__________." This guards your interests when releasing claims before payment.

Remember: The term "Conditional" in the title alone doesn't suffice. The document must explicitly contain conditional language to be legally effective.

Key Takeaway

In Florida's construction industry, release forms safeguard your interests. Understanding the nuances of broad and narrow releases, grasping statutory forms, tactfully negotiating contracts, and ensuring alignment between through dates and dollars are the steps that lead to a harmonious project outcome. And remember, when uncertainty looms, conditional releases are your safety net. By mastering the art of construction release forms, you can navigate the landscape with confidence and precision.

Disclaimer
THE INFORMATION ON THIS WEBPAGE IS NOT THE SAME AS LEGAL ADVICE. SUNRAY CONSTRUCTION SOLUTIONS, LLC IS NOT AN ATTORNEY OR A LAW FIRM. WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY.
Ariela Wagner
Ariela Wagner
Preliminary Notice| SunRay Notice
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