I passed my inspection. What happens now?
After successfully passing your inspections and before making a final payment to the contractor, the contractor should provide you proof that all final inspections have been approved by the Department or provide a Certificate of Completion or Occupancy
issued by the Department.
Additionally, you should request final release of liens from any individuals or firms who have provided labor, materials or supplies, especially those who have sent you a “Notice to Owner” letter.
What is a Notice to Owner?
Under Florida law, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
This notice advises you that the sender is providing services or materials. Subcontractors and suppliers must serve a Notice to Owner within 45 days of commencing work to preserve their ability to lien your property.
If your address changes from that given in the Notice of Commencement, you should record a corrected Notice reflecting your current address. This is done to help ensure you receive all notices.
Releasing Lien(s) from Contractor
Prior to paying your contractor, you need to receive a Release of Lien and Affidavit to the extent of payment from the general contractor. The Release of Lien and Affidavit must state either that all the subcontractors and suppliers have been paid or list those unpaid and the amount owed. The contractor is required to list on the affidavit any subcontractor or supplier that has not been paid. That amount may be withheld from the contractor’s pay and paid directly to the subcontractor or suppliers after 10 days written notice to the contractor.
If the balance due to the contractor is not sufficient to pay in full all subcontractors and suppliers listed on the contractor’s affidavit, you may consult with an attorney.
The general contractor must furnish a final Release of Lien and Affidavit to the owner indicating all subcontractors and suppliers have been paid at the time he requests final payment. You may rely on the affidavit in making final payment to the general contractor. If you make final payment to the general contractor without obtaining the affidavit, your property can be liened for non-payment if the general contractor fails to pay the subcontractors or suppliers. You should always obtain a Release of Lien and Affidavit from the contractor before any payments are made.
Rely on your Lender for Compliance with Construction Lien Law
If you have a lender, you may rely on the lender to handle the recording of the Notice of Commencement. Learn more about the Construction Lien Law by contacting an attorney, your lender or the Florida Department of Agricultural and Consumer Services.
What is a Notice of Termination?
An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to and recording a notice of termination.
Need additional assistance?
If you want to confirm that all inspection approvals have been obtained, call the Permit Records Section at 786-315-2100 or email [email protected]