What is a request for a sworn statement of account?

Under section 713.16 Fla. Stat. (2016), a statutory Request for a Sworn Statement of Account is used by property owners in response to a notice of intent to place a lien on the owner's property.

The request is addressed to the lienor and contains a description of the owner's property, the name of the contractor, and the name of the lienor's customer (if different from the owner). The form is then signed and dated by the owner. The demand to the lienor must be served on the lienor at the address (and to the attention) of any person designated to receive the demand as stated in the notice to owner. Failure or refusal to provide the statement as directed will not deprive the lienor of his or her lien. (713.16(2)).

A response to the form from the contractor must include a written statement, given under oath, of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement for the improvement of the identified real property. (713.16(2)).

The lienor must furnish the requested statement within 30 days of receipt. If the lienor furnishes a false or misleading statement, the lienor will lose the right to recover attorney's fees in any action to enforce the claim of lien. See 713.16(5)(b).

Each case is unique, so contact an attorney with questions about the sworn statement of account, for complex situations, or any other issues relating to Florida's Construction Lien Law.

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