Florida Lien Waivers and Releases: Frequently Asked Questions for Subcontractors and Suppliers

Below are 20 of the most common—and most important—questions subs and suppliers ask about lien waivers and releases.

1. What is a final waiver and release of lien?

A final waiver is typically signed in exchange for final payment. Once signed, it permanently waives your right to file a lien for work or materials provided through the final payment date—even if you're still owed money.

2. What is a progress waiver and release?

A progress waiver is signed in exchange for a partial or progress payment. It only covers work or materials through a specific date, which should match the amount you’re being paid.

3. What is a conditional release of lien?

A conditional release only becomes effective once you’re actually paid. If payment never arrives or the check bounces, the release is not valid. It’s your safest option when exchanging a release for payment.

4. What is an unconditional release of lien?

An unconditional release becomes effective immediately upon signing, whether you’ve been paid or not. If funds haven’t cleared, signing this type of release can cause you to lose your lien rights permanently.

5. What’s the difference between conditional and unconditional releases?

The key difference is when the waiver becomes effective:

• Conditional = valid after payment

• Unconditional = valid immediately, even without payment

Always use a conditional release until you confirm receipt of funds.

6. What is the “through date,” and why is it important?

The through date specifies the cutoff point for the work or materials covered by the waiver. If you’re being paid through April 1 but sign a release through April 30, you might be waiving rights to unpaid work performed between those dates.

7. Can I cross out language or modify the release I’m given?

Yes, but only if your contract allows it. If the release is negotiable, you can:

• Add exceptions

• Insert conditional language

• Remove overbroad clauses

If you're unsure, consult an attorney before altering any legal document.

8. Are Florida statutory waiver forms safe to use?

Yes. Florida law provides standardized waiver forms in Chapter 713. These forms are limited in scope: they only waive lien rights, not claims for change orders, delays, or breach of contract.

9. Can a waiver waive more than just lien rights?

Yes, if you’re not careful. Non-statutory waivers may include broad language that releases claims for delays, change orders, or even future claims. Always read the fine print and add exceptions if needed.

10. Can I list exceptions in my waiver?

Absolutely—and you should. Exceptions can include:

• Outstanding change orders

• Pending invoices

• Retainage

• Delay or impact claims

This protects your right to pursue unresolved issues even after signing the release.

11. What if a release lists the payment as $10?

This is often a placeholder amount and can be risky. If you sign a release stating $10, courts may interpret that as full payment—even if you were expecting much more. Always ensure the correct payment amount is listed.

12. Can I submit a conditional release before payment is issued?

Yes. A conditional release is meant to be submitted before receiving payment. Once payment is made, you may then submit an unconditional release—but only after confirming the funds cleared.

13. What if I signed a release and wasn’t paid?

If you signed a conditional release, you're likely still protected. If you signed an unconditional release, it may be difficult or impossible to enforce a lien. Seek legal advice immediately.

14. What’s the difference between a waiver/release and a Satisfaction of Lien?

Waivers and releases are used before a lien is officially recorded. When subcontractors or suppliers exchange these documents for payment, they are essentially waiving the right to file a lien for amounts already paid.

However, once a lien has been recorded, the document used to remove or "release" that lien is called a Satisfaction of Lien. This is a separate legal document filed to notify the public and the property owner that the lien has been fully paid and resolved.

🔎 Quick Tip: If you're dealing with payment before filing a lien, use a waiver or release. If you’ve already filed a lien and received payment afterward, you’ll need to file a Satisfaction to clear the lien from public records.

15. What happens if the contractor insists I use their release form?

This depends on your contract. If you’re bound to their form, review it carefully for unfair language. If not, push to use Florida’s statutory release or propose edits that make the form conditional and limited to lien rights.

16. Is email or electronic signature valid for releases?

Yes. In Florida, electronic signatures are generally valid as long as they meet legal standards. Many platforms (like SunRay) offer secure, legally compliant digital releases for faster processing.

17. Can I sign a release “under protest”?

Not effectively. Courts typically see waivers as final once signed, regardless of side notes like “under protest.” Instead, list specific exceptions or attach an addendum clarifying your intent.

18. What should I do if the release includes language I don’t understand?

Stop and ask questions. Don’t sign anything you’re unsure of. You can:

• Contact a construction attorney

• Ask the GC or customer for clarification

• Use a platform like SunRay to generate clear and compliant releases

19. Can I refuse to sign a waiver and still get paid?

It depends on your contract and the customer. Most won’t issue payment without a release. However, you may be able to negotiate the language or offer a conditional release instead.

20. What if the release waives rights to future work?

Some waivers include language like “including all work performed or to be performed.” This is too broad and may waive rights to future claims. Remove or revise that clause to avoid giving up rights unnecessarily.

Bonus FAQ: What’s the best way to protect myself before signing any release?

Follow this checklist:

• Ensure the correct payment amount is listed

• Match the through date to the payment

• Use conditional language

• List any exceptions

• Avoid broad waivers or extra claims

• Review the form for compliance with your contract

• Confirm cleared payment before signing an unconditional release

Final Word: Don’t Sign Blindly

Waivers and releases are legally binding—once you sign, your lien rights and other claims could be gone. By understanding the type of release, matching dates to payment, using conditional terms, and adding exceptions, you can get paid without sacrificing your rights.

Need help generating the right release for your Florida project? SunRay’s waiver platform lets you do it in under 60 seconds—ensuring your documents are accurate and protective.

Always remember: To fully protect your payment rights on a construction project in Florida, it’s crucial to serve a Notice to Owner at the beginning and be prepared to file a Mechanics Lien if payment issues arise. These legal tools work together to help subcontractors and suppliers secure the money they’ve earned.