Who Can Request a Sworn Statement of Account?

An owner may serve a written demand upon any lienor for a written statement of account under oath, stating, as of the date of the response:

1. The nature of the labor, or services, performed and to be performed, if any, and
2. The materials furnished, or to be furnished, if known, and
3. The amount paid on account to date, and
4. The amount due, and
5. The amount yet to become due, if known.

The request must be served upon the lienor (in the manner provided for service of Notices to Owner and other notices under the lien statutes) at the address, and to the attention of any person designated to receive the demand in the lienor’s Notice To Owner. The request must be in substantially the same form as provided in Florida Statutes section 713.16(3). The failure of a lienor to furnish the sworn statement within thirty (30) days after a proper demand, or the furnishing of a false, or fraudulent, statement, deprives the lienor of its lien, provided that the request is received by the lienor prior to the filing of its lien foreclosure lawsuit.

Any lienor who has recorded a Claim of Lien may serve a written demand upon the owner for a written statement of account under oath. The owner’s response must include a statement, as of the date of the response, as to the following:

1. The amount of all direct contracts, and
2. The amount paid by, or on behalf of, the owner for all labor, materials, and services furnished pursuant to each of the direct contracts, and
3. The dates and amounts paid, or to be paid, by, or on behalf of, the owner for all improvements described in any direct contracts, and
4. The reasonable estimated costs of completing, according to the terms and specifications for same, any direct contracts under which construction has ceased, and
5. If known, the actual cost of completion of any direct contracts.

The Request for Sworn Statement of Account must be served upon the lienor (in the manner provided for service of Notices to Owner and other notices under the lien statutes) on the owner. The request must be in substantially the same form as provided in Florida Statutes section 713.16(5). The failure of the owner to furnish the sworn statement within thirty (30) days after a proper demand, or the furnishing of a false or fraudulent statement, deprives the owner of the owner’s ability to be held or found to be the prevailing party for purposes of an award of attorney’s fees by a court in any lien foreclosure lawsuit filed by the lienor.

As noted in the preceding section, a 1999 amendment to the lien statutes now specifically provides that the lienor’s failure to furnish the sworn statement of account under oath deprives the lienor of its lien rights.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.