Florida
lawmakers recently introduced a bill that could broadly impact Florida
construction payment practices. If passed into law as drafted,
Senate Bill 908 would require Florida contractors to use the standard
construction lien waivers prescribed under Section 713.20, Florida
Statutes. Additionally, going forward, noncompliant lien waivers may no
longer be enforceable. The bill could come into effect as early as July
if enacted.
In
Florida, contractors and parties furnishing work and materials for a
construction project are typically required to submit lien waivers in
exchange for progress and final payments. These waivers usually state
that the contractor waives its right to claim a lien for work or
materials provided through a specific date. For example, an electrical
subcontractor might give a lien waiver to a general contractor stating
that it is waiving its right to claim a lien for electrical work
performed through the date of its most recent application for payment.