Final Contractor’s Affidavit-FAQs

According to Florida’s construction lien law, a contractor is obligated to provide a homeowner with a final contractor’s affidavit.  The consequence of failure to provide the affidavit is severe.  Simply, a contractor cannot assert a lien or initiate legal action against the owner under the contract if they fail to provide the final payment affidavit. Moreover, failure to deliver this affidavit at least five days before initiating a lien action serves as a complete affirmative defense to the contractor’s lien claim as outlined in § 713.06(3)(d)(1). Refer to Timbercraft Enterprises, Inc. v. Adams, 563 So. 2d 1090 (Fla. 4th DCA 1990) for further details.

Homeowner Duty to Obtain Affidavit Before Making Final Payment

The homeowner is obligated to secure the final contractor’s affidavit before issuing the final payment. The objective of the final contractor’s affidavit is to safeguard the owner from double payment.

Sub-Contractors are not required to provide Final Contractor Affidavit

A subcontractor is not required to give a final contractor’s affidavit.

Conclusion

A contractor must file a contractor’s affidavit to foreclose on a mechanic’s lien. Without this affidavit, the contractor can’t foreclose, even if the contract ends before completion. Florida’s Construction Lien Law requires strict adherence to Chapter 713, Florida Statutes. For issues involving construction liens, contact Ormond Beach real estate litigation attorney Andrew J. Pascale, Esq. at 877-667-1211.