Updated August 2025 | All statutory references in this article reflect the Florida Code, Title XL, Chapter 713 (2024 codification)
Payment bond waivers are documents that allow construction participants to waive their bond claim rights in exchange for payment. General contractors or other higher-tier parties may require subcontractors and suppliers with bond claim rights to first submit a payment bond waiver before payment is released.
In Florida, the statutory duty to provide the waiver sits with the contractor making payment, but it directly affects subcontractors and suppliers because their payment is tied to execution of the waiver.
Understanding how progress payment waivers work is essential to protecting your rights while ensuring timely cash flow.
Florida has specific statutory provisions governing bond waivers. The state provides a prescribed form under § 713.20, Fla. Stat. and § 713.235, Fla. Stat. for both lien and bond waivers, though use of the form is not mandatory. A waiver that is “substantially similar” to the statutory form is enforceable.
Unlike many states, Florida recognizes only two main types of bond waivers:
- Progress Payment Waiver
- Final Payment Waiver
This article focuses on the Florida Bond Waiver for Progress Payment.
When to Use a Florida Bond Waiver for Progress Payment
The Florida Bond Waiver for Progress Payment is used when a claimant is waiving bond claim rights only for work and materials through a partial payment. This applies when the claimant’s work is ongoing and additional payments are expected.
If all work has been completed and the claimant is seeking their final payment, the correct document is the Florida Bond Waiver for Final Payment.
Conditional vs. Unconditional Florida Bond Waivers
Florida’s statutory form does not expressly distinguish between conditional and unconditional waivers. By default, the progress payment waiver is considered unconditional once signed.
However, § 713.20(7), Fla. Stat. provides that “a person who executes a waiver in exchange for a check may condition the waiver on payment of the check.”
This means claimants can add language to make the waiver conditional, for example:
“Pursuant to Florida Statutes § 713.20(7), this waiver is conditional and effective only when the claimant receives actual payment for the amount specified on this form.”
By adding this statement, the waiver only takes effect once payment is actually received. Until then, the claimant’s bond claim rights remain intact.
Required Information for the Florida Progress Payment Bond Waiver
The Florida Bond Waiver for Progress Payment must be substantially similar to the statutory form under § 713.20, Fla. Stat.. The form requires completion of the following fields:
- Payment Amount – The dollar amount being received in exchange for waiving rights.
- Through Date – The last date of work or materials covered by the payment. Rights up to this date are waived once executed.
- Name of Customer – The contracting party (GC or subcontractor) who hired the claimant.
- Name of Owner – The property owner or public awarding authority.
- Project Description – Sufficient information to identify the project (e.g., street address).
- Execution Date – The date the waiver is signed.
- Signature Block – Claimant or authorized agent’s name, address, and signature.
Claimants may also insert a conditional statement, provided the waiver remains in substantial conformity with the statute.
Best Practices for Florida Progress Payment Bond Waivers
- Use the Correct Waiver Type
Only use the progress payment waiver when the project work is ongoing and further payments are expected. - Add a Conditional Statement
To prevent forfeiting rights before payment clears, add language making the waiver conditional on receipt of funds.
Maintain Substantial Similarity to the Statutory Form
Florida allows modifications, but the waiver must not deviate so far that it loses alignment with the statutory format. Always include key fields such as payment amount and through date.