Updated August 2025 | All statutory references in this article reflect the Florida Statutes, Chapter 713 (2024 codification)
During payment negotiations, a property owner or higher-tier contractor may ask you to sign a lien waiver in exchange for payment. This practice is common in the construction business because clients want assurance that once payment is released, they won’t face a mechanics lien against their property.
In Florida, the statutory duty to furnish lien waivers applies to general contractors under Fla. Stat. § 713.06(3)(c), but it directly impacts subcontractors and material suppliers because their payment is tied to the contractor’s ability to certify to the owner that all lienors have been paid or properly waived. If the correct waiver or affidavit is not furnished, payment down the chain can be delayed or lost.
Florida has strict requirements on lien waiver forms. Under Fla. Stat. § 713.20, two statutory lien waiver forms are recognized: one for progress payments and one for final payment. This article focuses on the Florida Waiver and Release of Lien Upon Progress Payment.
What a Florida Progress Payment Waiver Covers
The key phrase here is “progress payment.” This means:
- Your work is ongoing.
- You are receiving only a portion of your full contract amount.
- You expect additional payments in the future.
You must use the Florida Waiver and Release of Lien Upon Progress Payment only when you are receiving partial payment. If your work is completely finished and you are receiving the last payment due, you must use the Final Payment waiver instead.
Florida Waiver Is Unconditional by Default
Florida Statutes make no distinction between conditional and unconditional lien waivers. By default, the statutory waiver is unconditional — it takes effect the moment you sign, regardless of whether the payment actually clears.
This creates risk: signing before funds clear means you may permanently lose lien rights without being paid.
How to Create a Conditional Florida Lien Waiver
Although the statutory form is unconditional, Fla. Stat. § 713.20(6) allows parties to modify the prescribed language so long as the form remains “substantially similar” to the statute.
You can convert the statutory form into a conditional waiver by adding a statement such as:
“Pursuant to Florida Statutes § 713.20(6), this waiver is conditional and effective only when the claimant receives actual payment of the amount specified on this form.”
As long as the rest of the form matches the statutory template, this conditional statement is valid.
Required Information in a Florida Progress Payment Waiver
A compliant Florida Waiver and Release of Lien Upon Progress Payment must substantially follow the statutory template in Fla. Stat. § 713.20(4). The form includes blanks for:
- $ Amount – The partial payment you are waiving lien rights against.
- Through Date – All work, labor, or materials provided up to this date are covered by the waiver.
- Customer – The business or individual who hired you (include full legal name and suffix).
- Owner – Name(s) of the property owner(s).
- Project Description – Property location (a street address is sufficient).
- Date Signed – The date the waiver is executed.
- By-Line – Your name (or agent’s), signature, and address.
Tip: If you modify the form to make it conditional, insert the conditional statement above the signature block.
Best Practices for Florida Progress Payment Waivers
1. Ensure You Use the Correct Waiver Type
Use a Progress Payment Waiver only if you are receiving partial payment. If it’s your final payment, use the Final Payment Waiver instead. Using the wrong waiver type may result in unintended release of lien rights.
2. Add a Conditional Statement for Protection
Because Florida’s statutory forms are unconditional, always consider adding the conditional statement described above. This ensures the waiver is only effective when funds actually clear.
3. Double-Check the Through Date
The “Through Date” is critical. All work performed and materials furnished up to that date are waived. If you misstate the date, you may unintentionally waive lien rights for future work.
Example: If you intended to waive lien rights through May 2024 but accidentally wrote May 2025, you would lose lien rights for an entire additional year of work.
Protecting Your Payment Rights with Florida Lien Waivers
Florida lien waiver rules give subcontractors and suppliers a clear framework, but they also leave room for costly mistakes. Using the correct waiver type, carefully checking the Through Date, and adding conditional language are small steps that make a big difference in protecting your payment rights. Before signing any Florida Waiver and Release of Lien Upon Progress Payment, always verify the details and ensure the form complies with Florida Statutes Chapter 713 so your lien rights stay intact until real payment is received.