A lien waiver is a document that confirms a contractor, subcontractor, or supplier has been paid and waives their right to file a lien for that payment.

What are the types of Lien Waivers in Florida?

There are four types of Lien Waivers in Florida -

1. Conditional Lien Waiver on Progress Payment - Ensures that once payment is received, the contractor or supplier waives their right to file a lien for the amount paid.

2. Unconditional Lien Waiver on Progress Payment - Confirms that the party has already received payment and waives any lien rights for that payment period.

3. Conditional Lien Waiver on Final Payment - Protects your lien rights until the final payment has been made and received.

4. Unconditional Lien Waiver on Final Payment - Acknowledges that the final payment has been received and permanently waives all lien rights.

Once a lien waiver is signed, your right to file a lien is waived for the payment period or total amount specified, depending on the type of waiver used.

Yes, lien waivers can indeed be negotiated and modified in contracts. Common terms to consider include:

1. Specifying that waivers are conditional upon actual receipt and clearance of payments.

2. Clearly defining the scope of work covered by the waiver.

3. Including provisions for partial waivers if only a portion of the payment is made.

4. Specifying the timeframe within which waivers must be provided.

5. Establishing procedures for resolving disputes related to payments and waivers.

In Florida, a lien release is a legal document that signifies the satisfaction and removal of a lien on a property or asset. A lien is a claim placed on a property by a creditor or a party with a legal interest in the property to secure a debt or obligation.

Yes, you can issue a partial lien release for the amount paid. However, the full lien must be released once the total amount is paid.

If a lien is released, it typically indicates that payment obligations are satisfied. If there are still unpaid invoices, you may need to file a new lien or take other legal action.

The processing time varies by jurisdiction. It’s advisable to follow up with the local recorder’s office to ensure the release is properly filed and recorded.

Yes — it is best practice to use different forms:

• For progress or partial payments, use a partial lien waiver/release or a conditional waiver/release for the amount being paid to date.

• For final payment, use a final lien waiver/release or a release of the entire lien, which fully extinguishes your lien rights on the project.

• Using the right form ensures your release only matches what you’ve actually been paid for and protects your remaining rights if more payments are owed.