In this blog we will discuss some general do's and don'ts to consider for construction waivers in Florida. Let's elaborate on each of the do's and don'ts for construction waivers in Florida.
Dos for Construction Waivers in Florida
1. Use Appropriate Forms
Florida provides specific forms for different types of construction waivers, such as the AIA Document G706 for progress payments and the AIA Document G706A for final payments. Ensure you are using the correct form for the specific type of payment.
2. Provide Detailed Information
Include accurate and detailed information in the waiver. This information may include the project name, legal property description, the amount being waived, and the date on which the waiver is executed. Clear and precise details help avoid confusion and disputes.
3. Execute Timely
Florida has specific timeframes for executing construction waivers. For example, a lien waiver for a progress payment should be executed at the time of receiving the payment. Be aware of and adhere to these deadlines to ensure the validity of the waiver.
4. Clearly State the Amount
Clearly specify the amount of payment being waived in the document. If the waiver is for a partial payment, indicate the specific amount being released. This clarity helps all parties understand the scope of the waiver.
5. Use Conditional Waivers
conditional waivers, especially if you are dealing with partial payments. Conditional waivers become effective only when the party providing the waiver has received the payment. This provides an added layer of protection for the waiving party.
Don'ts for Construction Waivers in Florida
1. Sign Blank or Unconditional Waivers
Never sign a blank waiver or an unconditional waiver without fully understanding the implications. Unconditional waivers can potentially waive your right to payment even if the payment has not been received. Always ensure that waivers are filled out accurately and reflect the actual payment situation.
2. Ignore Deadlines
Florida has specific deadlines for submitting construction waivers. Failure to adhere to these deadlines may affect the validity of the waiver. Be aware of these timeframes and make sure waivers are executed and submitted within the required period.
3. Use Generic Waiver Forms
While there are standard waiver forms provided by the state, be cautious about using generic forms without ensuring they comply with Florida's specific requirements. Construction projects can have unique aspects, and using an inappropriate form may lead to complications.
4. Neglect Notarization
Some construction waivers in Florida may require notarization to be valid. Check the specific requirements for the type of waiver you are using and ensure that it is notarized if necessary. Notarization adds an extra layer of authenticity to the document.
5. Assume One Size Fits All
Construction projects vary, and the circumstances surrounding payments may differ. Do not assume that a single type of waiver will work for all situations. Use the appropriate form for the specific type of payment being made to ensure that the waiver accurately reflects the terms of the agreement.
Always consult with a legal professional to ensure that your construction waivers comply with Florida laws and adequately protect your interests in your specific construction project.
Remember that construction law can be complex, and it's crucial to seek legal advice to ensure that your construction waivers comply with Florida laws and adequately protect your interests. Need help? Use our system to seamlessly protect your lien rights. Contact our experts at 800-403-7660 for legal assistance. Stay ahead in handling your lien and notices with SunRay!