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My Construction Attorney Expert Construction Attorney

09/03/2026

Florida's Chapter 558 requires a written pre-suit notice of a construction defect, served before a lawsuit is filed, and gives the contractor an opportunity to inspect and to respond with an offer to repair or to pay. Filing without it can result in the action being stayed until the owner complies. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. ch. 558 - construction defect pre-suit notice and opportunity to repair www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/03/2026

An owner's exposure is generally limited to the contract price, but that protection depends on the payments being proper ones. An improper payment loses the protection for that amount, and the owner can be made to pay it a second time to the lienor who never received it. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.06 - owner liability and proper payments www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/02/2026

The contractor's final payment affidavit must state that everyone under the direct contract has been paid in full or list by name each person who has not been paid and the amount due. When the affidavit names unpaid persons, that list is the thing to resolve before final payment is released - joint checks to those listed, exchanged for final lien releases. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.06(3)(d) - contractor's final payment affidavit and its contents www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/02/2026

The statutory protections are a floor, not a ceiling. A construction contract can require lien releases as a condition of each draw, require the final payment affidavit before final payment, and name the documents by title so there is no argument later. Once the contract is signed the owner works with whatever leverage it left them. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.06(3) - proper payments; contract terms may require more www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/01/2026

A no-damage-for-delay clause limits a contractor's remedy for delay to an extension of time, barring recovery of the delay costs actually incurred - extended overhead, idle equipment, crews held on site. Whether such a clause is enforceable, and what exceptions apply, depends on its wording and the facts, which is why the clause is negotiated before the contract is signed. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: No-damage-for-delay clauses - enforceability turns on wording and facts www.wclfirm.com/construction-law/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/01/2026

A lienor not in privity with the owner must generally serve a Notice to Owner within 45 days of first furnishing labor or materials in order to preserve lien rights. The notice states on its face that it is not a claim against the owner, which is why owners discard it - but collectively the notices are the owner's list of the persons from whom releases must be obtained. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.06(2)(a) - Notice to Owner, 45 days from first furnishing Fla. Stat. s. 713.06(2)(c) - the notice is not a lien or a claim against the owner www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/01/2026

An owner is protected only to the extent of proper payments. An improper payment can leave an unpaid subcontractor or supplier free to lien the property for work the owner already paid for, and Florida's lien statute provides for an award of attorney's fees to the prevailing party in an action to enforce a lien - so the cost of getting it wrong is not limited to the bill itself. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.06(3) - owner protected only to the extent of proper payments Fla. Stat. s. 713.29 - prevailing party attorney's fees in an action to enforce a lien www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/01/2026

The sequence matters more than the paperwork. A release signed after the money has changed hands protects nobody, because the owner has no leverage left to obtain it. The release is the consideration exchanged for the payment. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.06(3) - proper payments; releases obtained before payment www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/01/2026

The Notice of Commencement identifies the owner and states where notices are to be served. It is the source document for the whole project. An NOC recorded with a wrong or stale owner address means the Notices to Owner go where the owner will never read them, and the owner cannot obtain releases from lienors never known about. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.13 - notice of commencement; required contents and the owner's address for service www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

09/01/2026

A conditional waiver and release is effective only upon the condition stated in it - ordinarily that the payment referenced is actually received and clears. Treating a conditional release as though it were unconditional leaves the owner holding a document that never took effect. Call a Construction Lawyer Board Certified by The Florida Bar: (407) 926-4100 Williams Law Firm | Orlando, Florida Glenn Williams, Esq., Board Certified in Construction Law by The Florida Bar Sources: Fla. Stat. s. 713.20 - waiver or release of lien; statutory forms, conditional and unconditional www.wclfirm.com/how-to-pay-contractor-florida-without-paying-twice/ Not legal advice. Licensed in Florida only, laws differ where you live. No attorney-client relationship is created without a Fully Signed Legal Representation Agreement.

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