Florida
Statutes
section 713.20(4), as amended in 1998 and 1999, provides
a Waiver and Release of Lien Upon Progress Payment form
to be executed by a lienor in exchange for, or to induce
payment of, a progress payment. Although the statute provides
that the waiver and release form “may” be in
substantially the form provided, as opposed to a mandatory
requirement that the form “shall” be in substantially
the form provided, section 713.20(6) provides “a person
may not require a lienor to furnish a lien waiver or release
of lien that is different from the form specified.”
Similarly, section 713.20(5), again as amended in 1998 and
1999, provides a Waiver and Release of Lien Upon Final Payment
form, with the same permissive use language and also subject
to the same provision that a lienor cannot be required to
furnish a waiver and release that is different from the
form specified.
A lien waiver and release that is not in substantially the
form provided by the statutes, if executed by the lienor
is, however, enforceable in accordance with the terms of
the executed waiver and release.
A
lienor who receives either a progress payment, or final
payment, in the form of a check in exchange for providing
a lien waiver and release may condition the waiver and release
upon payment of the check.
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