Florida waiver · Fla. Stat. § 713.20
A lien waiver is the receipt of construction payments: the person getting paid gives up lien rights for the amount (or period) covered. Florida Statute § 713.20 provides statutory waiver forms in two dimensions — conditional or unconditional, progress or final — and choosing the wrong one can waive rights for money you never actually received.
A conditional waiver takes effect only when the listed payment actually clears. If the check bounces or the wire never lands, your lien rights survive. This is the safe default when exchanging a waiver for a payment that hasn't cleared yet.
An unconditional waiver is binding the moment it's signed — whether or not the money ever arrives. Sign one only after funds have been verified in your account.
A progress (partial) waiver covers payment through a specific date and preserves rights for work after that date — used at each draw. A final waiver covers everything through job completion and is exchanged for the last payment on the project.
Florida's statutory forms in § 713.20 are the presumptive standard, and a lienor cannot be required to furnish a waiver that differs from the statutory form. Lenders and title companies see these exact forms on every draw across the state.
Florida's construction-lien scheme is built around the recorded Notice of Commencement. The NOC names the owner, the contractor, the lender, and anyone designated to receive notices — which is exactly the information a lienor needs to serve documents correctly. An accurate, timely NOC keeps the lien waiver enforceable; a missing or stale one is where most Chapter 713 disputes begin.
A conditional waiver only takes effect once the listed payment has actually cleared. An unconditional waiver is binding the moment it's signed, whether or not payment ever arrives — so it should only be signed after funds are verified.
Florida § 713.20 provides statutory waiver forms, and a lienor may not be required to furnish a lien waiver or release in a form different from the statutory form. If you're handed a custom waiver with unusual language, compare it against the § 713.20 forms before signing.
At every payment: a conditional progress waiver exchanged with each draw, converting to unconditional once payment clears, and a final waiver exchanged for the last check. Owners and lenders should collect waivers from the GC and from every sub and supplier who served a Notice to Owner.
All four statutory forms — conditional and unconditional, progress and final — e-signed with a full audit trail.
This page is general information about Fla. Stat. § 713.20 and Florida construction-lien practice — not legal advice. Deadlines are strict and fact-specific; consult a licensed Florida construction attorney about your situation.