Pursuant to Florida Statutes section 713.16(1),
the owner may request of the contractor, or any lienor having
a contract with the contractor, and upon such request must
be furnished, a copy of the contract between the contractor
and the lienor and a statement of the amount due, or yet
to become due, if that amount is fixed, or can be calculated
based upon the contract. Similarly, a lienor who has a contract
with the contractor, may request of either the contractor,
or the owner, and upon such request must be furnished, a
copy of the contract between the contractor and the owner
and a statement of the amount due, or yet to become due,
if that amount is fixed, or can be calculated based upon
the contract. The requesting party must pay for the reproduction
costs of the document(s) requested, or will otherwise only
be allowed to inspect such document(s) at a reasonable time
and place.
If the party upon whom the request is properly served
fails to provide the information requested, or willfully
and falsely states the amount due, or yet to become due,
under the contract, any person who suffers any damages as
a result of the non-compliance has a cause of action against
the non-complying party.
A 1999 amendment adding subsection (6) to Florida Statutes
section 713.16 created some confusion as to the distinction
between the request for a copy of the contract and a statement
of amount due under Florida Statutes section 713.16(1)
and a request for sworn statement of account under Florida
Statutes section 713.16(2). The 1999 amendment states:
For purposes of this section [presumably including
both 713.16(1) and (2)], the term “information”
means the nature and quantity of the labor, services
and materials furnished or to be furnished by a lienor
and the amount paid, the amount due, and the amount
to become due on the lienor’s account. The failure
to furnish the statement under oath does not constitute
an omission of information and shall deprive the lienor
of his or her lien.
As this descriptive language previously existed in Florida
Statutes section 713.16(2), the amendment would appear
to now require that identical information be provided in
response to a request under either Florida Statutes
section 713.16(1) or (2), and that both responses be under
oath. Although this interpretation of the statute results
in clear duplication of remedies, prudent practice would
now require that a request for copies of contracts and statement
of account under 713.16(1) be responded to in the same detail
as the request for sworn statement of account under 713.16(2)
and that such response be under oath. Otherwise, an owner
or lienor could fall into a potential trap by treating a
response to a request under section 713.16(1) with less
formality than a similar request under 713.16(2) and the
owner or lienor could be subject to either a claim for damages
or loss of lien rights.
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