A contractor’s final payment affidavit must state that all lienors under direct contract with the contractor who have timely served a notice to owner on the owner and the contractor have been paid in full or, if otherwise, must show the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services, or materials furnished. A contractor, as defined by Florida law, must provide a final payment affidavit or the contractor is precluded from foreclosing a construction lien on real property. This requirement protects the owner from disbursing money validly owed to subcontractors and/or materialmen that have provided labor, services, or materials to the owner’s real property.
In certain instances, and in reliance upon the contractor’s final payment affidavit, an owner of the real property improved may disburse monies owed to subcontractors and/or materialmen disclosed in the contractor’s final payment affidavit. An owner may do so only after giving the contractor at least 10 days written notice of the owner’s intention to do so and the amount the owner proposes to pay each of the subcontractors and/or materialmen.
A form contractor’s final payment affidavit can be found in section 713.06, Florida Statutes. The form is below:
CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
State of Florida
County of
Before me, the undersigned authority, personally appeared (name of affiant) , who, after being first duly sworn, deposes and says of his or her personal knowledge the following:
1. He or she is the (title of affiant) , of (name of contractor’s business) , which does business in the State of Florida, hereinafter referred to as the “Contractor.”
2. Contractor, pursuant to a contract with (name of owner) , hereinafter referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract.
3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $ .
4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors:
NAME OF LIENOR AMOUNT DUE
Signed, sealed, and delivered this day of , ,
By (name of affiant)
(title of affiant)
(name of contractor’s business)
Sworn to and subscribed before me this ___ day of _________, by means of ☐ physical presence or ☐ online notarization, by (name of affiant), who is personally known to me or produced _________ as identification, and did take an oath.
(name of notary public)
Notary Public
My Commission Expires:
(date of expiration of commission)
