Affidavit of Nonpayment in Florida
An affidavit of nonpayment is a sworn statement documenting that a contractor, subcontractor, or supplier has not received payment for work or materials provided on a Florida construction project. This document supports mechanics' lien claims and establishes the factual basis for lien enforcement.
Role in Florida Lien Claims
Florida's Construction Lien Law (Chapter 713) requires precise documentation to support a valid lien. The affidavit of nonpayment provides sworn evidence of the outstanding balance, the nature of the work performed or materials supplied, and compliance with statutory notice requirements, including the Notice to Owner that subcontractors and suppliers must serve within 45 days of first furnishing labor or materials.
Enforcement Timeline
Once a claim of lien is recorded in the Florida county official records, the claimant has one year to file a lien foreclosure action under Section 713.22. The affidavit of nonpayment serves as key evidence in the foreclosure proceeding. Property owners who dispute the lien can file a Notice of Contest of Lien under Section 713.22(2), which shortens the claimant's enforcement deadline to 60 days.
Related Terms
- Mechanics' Lien
- Notice to Owner
- Construction Lien
Barnes Walker Real Estate
Barnes Walker handles construction lien claims and disputes for contractors, subcontractors, and property owners in Southwest Florida. Contact us to protect your lien rights.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC