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2021 Florida Statutes (Including 2021B Session)

Title XL REAL AND PERSONAL PROPERTY
Chapter 713 LIENS, GENERALLY Entire Chapter
SECTION 235
Waivers of right to claim against payment bond; forms.
F.S. 713.235
713.235 Waivers of right to claim against payment bond; forms.—
(1) When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form:

WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)

The undersigned, in consideration of the sum of $  hereby waives its right to claim against the payment bond for labor, services, or materials furnished through   (insert date)  , to   (insert the name of your customer)   on the job of   (insert the name of the owner)  , for improvements to the following described project:

(description of project)

This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.

DATED on  

  (Lienor)  

By:  

(2) When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form:

WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(FINAL PAYMENT)

The undersigned, in consideration of the final payment in the amount of $ , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to   (insert the name of your customer)   on the job of   (insert the name of the owner)  , for improvements to the following described project:

(description of project)

DATED on  

  (Lienor)  

By:  

(3) A person may not require a claimant to furnish a waiver that is different from the forms in subsections (1) and (2).
(4) A person who executes a waiver in exchange for a check may condition the waiver on payment of the check.
(5) A waiver that is not substantially similar to the forms in this section is enforceable in accordance with its terms.
History.—s. 7, ch. 98-135.