Skip to main content
Find a Lawyer

Florida Statutes Title XL. Real and Personal Property § 713.235. Waivers of right to claim against payment bond;  forms

Current as of January 01, 2023 | Updated by FindLaw Staff

(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.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Florida Statutes Title XL. Real and Personal Property § 713.235. Waivers of right to claim against payment bond;  forms - last updated January 01, 2023 | https://codes.findlaw.com/fl/title-xl-real-and-personal-property/fl-st-sect-713-235/

Read this complete Florida Statutes Title XL. Real and Personal Property § 713.235. Waivers of right to claim against payment bond;  forms on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Florida Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard