Florida recognizes four types of lien waivers, as set forth in FLA. STAT. 713.20. There are two categories of waivers: conditional and unconditional. Both categories include full or partial releases. A full lien release waives the entire lien amount while a partial waiver relinquishes the right to a lien for the amount represented by a progress payment.

Lienors use the unconditional waiver upon final payment to confirm receipt of the final balance due, and to remove the lien against the property. The waiver must include the names of the lienor, the contractor, and the property owner, the legal description of the property where the work or improvement took place, and the amount paid.

The lienor signs and dates the form in front of a notary, then files it in the records of the same county where the original lien was recorded.

Each case is unique, so contact an attorney with questions about the Unconditional Waiver upon Final Payment or anything else related to Florida's Construction Lien Law.

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