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What is an unconditional waiver upon final payment?

The Unconditional Waiver upon Final Payment is a legal document that applies to construction projects in the state of Florida under Florida laws.

The signing of this lien waiver by a lienor serves as a confirmation that payment has been rendered and received; the lienor therefore releases their entire remaining lien against the property.

With an Unconditional Waiver upon Final Payment, the entire lien is released at the time of the signing of the form, regardless of whether the actual payment has been received. (By contrast, a conditional waiver would only be in effect upon receipt of payment).

The execution of an Unconditional Waiver upon Final Payment in Florida means that the signor has waived their right to file a mechanics lien for payment in any amount and extinguishes all preexisting claimant rights.

It is important to note that a lienor may not waive their right to claim a lien in advance and that any such waiver would be invalid. In addition, a lien right can only be waived to the extent of the materials, labor, and/or services provided.

Published: Feb 2, 2023

Updated: Sep 26, 2022

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