A lien waiver is supposed to feel like a simple receipt. In Florida new construction, it can feel more like a trap if the dates, amounts, or form are wrong.
If you're a homeowner building in Southwest Florida, a contractor running pay apps, or an accountant tracking draws, the goal is the same: collect the right Florida lien waivers at the right time so payments move forward and surprise liens don't show up later.
Below is a practical, Florida-focused approach for 2026 jobs, including what to collect at mobilization, each progress draw, substantial completion, and final payment.
What Florida lien waivers cover (and what they don't)
Florida lien waivers are tied to Florida's Construction Lien Law (Chapter 713). Since July 1, 2025, the statutory lien waiver language matters more than ever. If your waiver form strays from required language, you can end up with a document that doesn't do what you think it does.
Two concepts drive most disputes:
1) The "through-date" controls what you're releasing.
On a progress waiver, the signer releases lien rights for work performed through a specific date
. That date should match your pay period end date, not the check date. If the through-date is too early, you leave a gap. If it's too late, the signer may release work they haven't been paid for.
2) A waiver doesn't replace notice rules.
On most private residential projects, many subcontractors and suppliers must serve a Notice to Owner (NTO)
within 45 days of first furnishing to preserve lien rights. Separately, your project should have a properly recorded Notice of Commencement (NOC)
when required. Waivers interact with those rights, but they don't erase the deadlines and notice steps that happen earlier.
Also remember what waivers are not : they aren't change order approvals, warranty documents, or a promise that the job is defect-free. They're payment documents. Treat them like accounting paperwork with legal consequences.
A good waiver package reads like a clean story: who got paid, how much, for what period, and what remains open (retainage and pending changes).
Progress vs final, conditional vs unconditional (and why it matters)
Most Florida lien waiver headaches come from using the wrong "type" for the situation. Two axes matter: progress vs final, and conditional vs unconditional.
Use this table to keep the choices straight:
| Waiver type | When it's appropriate | What it releases | Biggest risk if misused |
|---|---|---|---|
| Conditional progress | Before funds clear (ACH pending, check in transit) | Lien rights through the through-date , only if payment is actually received | If wording is sloppy, it may act unconditional |
| Unconditional progress | After payment clears your bank | Lien rights through the through-date immediately | Signing before cleared funds can waive rights even if payment fails |
| Conditional final | Final payment is authorized but not cleared, including retainage | All remaining lien rights, only if final funds are received | Can be interpreted as a full closeout even while items stay unpaid |
| Unconditional final | After final funds clear and closeout is complete | All remaining lien rights immediately | One missing supplier can still file a lien if they weren't paid and never waived |
Florida's statutory forms are commonly unconditional in effect, so many teams add conditional language for safety. If you do, keep it plain and consistent (example language is below).
Retainage is the other gotcha. If you're holding 5 percent or 10 percent retainage, don't ask for a "final" waiver until retainage is paid and all approved change orders are accounted for. Otherwise, you're asking someone to sign away rights for money they still haven't received.
Step-by-step: what to collect at each payment stage
The easiest way to stay organized is to tie waivers to the payment rhythm. Think of each draw like a "chapter close" in your job cost report.
Mobilization (before the first big spend)
Mobilization often includes deposits, long-lead materials, temporary power, or initial sitework. Because money moves early, paperwork needs to show who's on the job.
At this stage, collect:
- A vendor and subcontractor list for the first 30 to 60 days (even if incomplete).
- Any NTOs received so far, logged with dates and contact info.
- A conditional progress waiver from the party you're paying (if payment hasn't cleared yet), with a through-date that matches the mobilization billing period.
If you're the owner paying a GC, ask how the GC will track lower-tier payments. A cost-plus home builder can make this easier because invoices and backup typically flow through in real time. When the builder also offers transparent pricing , you can match each waiver to actual, itemized costs instead of guessing what's inside a lump sum.
Each progress draw (the monthly pay app cycle)
Progress draws are where projects either stay clean or get messy. Consistency helps.
Use the same three-step routine every draw:
- Set the billing window (for example, January 1 through January 31). That end date becomes your target through-date.
- Collect conditional progress waivers before releasing funds from every payee in that draw (GC, subs, and key suppliers as your contract requires).
- Swap to unconditional progress waivers after funds clear , then file them with the pay app backup.
This routine prevents the classic problem: someone signs an unconditional waiver, the check bounces, and now the project has a payment dispute plus a lien-rights dispute.
Substantial completion (when trades start finishing out)
Substantial completion is a turning point. Work shifts to punch list items, final inspections, and document closeout. Meanwhile, lien deadlines still run in the background.
At this stage, tighten documentation:
- Make sure every progress waiver through-date aligns with your last paid period.
- Confirm retainage tracking by trade (who's holding it, how much, and why).
- Start collecting closeout items (warranties, manuals, inspections) separately from waivers so nobody holds a waiver hostage for unrelated paperwork.
If a sub has pending change orders, keep them out of the "paid through" scope unless they're approved and included in the draw amount.
Final payment (including retainage)
Final payment is when owners and lenders want maximum protection. Florida also requires a contractor's final payment affidavit in many situations before final payment, listing lienors who are unpaid (if any).
Before releasing final funds, collect:
- Final waiver and release from the GC, timed to actual receipt of final funds.
- Final waivers from subcontractors and key suppliers who served NTOs or appear on your job's lienor list.
- The GC's final payment affidavit (when applicable).
- Written confirmation that retainage is included in the final amount being paid.
If anything is still open (back-charges, disputes, incomplete scope), treat it like an accounting close. Resolve it first, or carve it out in writing with legal help.
What to collect, by role (GC, owner, lender, and accounting)
Different parties should collect different documents. This quick table helps you avoid gaps.
| Role | What you should collect | When |
|---|---|---|
| GC collecting from subs | Conditional progress waivers with correct through-date, then unconditional progress waivers after cleared funds, plus final waivers at closeout | Every draw, then final |
| Owner or developer collecting from GC | GC's progress waiver each draw, subcontractor/supplier waivers when required by contract or lender, and final payment affidavit at closeout | Every draw, then final |
| Construction accountant managing pay apps | Waiver log (who, amount, through-date, tier), NTO log, pay app backup (invoices, SOV), proof of payment date cleared | Weekly, then per draw |
| Lender (if applicable) | Draw package: pay app, inspections, waiver set, and final affidavit for last disbursement | Per draw, then final |
If your project includes bonded work (more common in public jobs), "Notice to Contractor" rules can also come into play. For most private home builds, the NTO and NOC workflow is the core.
Sample waiver-request language (copy and paste)
Use short, clear emails. This reduces back-and-forth and keeps the job moving.
Progress draw request (before payment):
Please send a signed conditional progress lien waiver for $_____ with a through-date of / /____. Once funds clear, we'll request the unconditional progress waiver for the same amount and through-date.
Unconditional swap (after payment clears):
Payment cleared on / / . Please send the matching unconditional progress lien waiver for $_____ through / / so we can complete this draw file.
Final closeout request:
We're preparing final payment, including retainage. Please send a signed conditional final lien waiver for $_____ (total final amount), effective upon receipt of funds. If you have any unpaid lower-tier parties, list them now so we can resolve before release.
Conclusion (and a quick disclaimer)
Florida lien waivers work best when you treat them like a tight paper trail, not an afterthought. Match the waiver type to the payment timing, control the through-date , and don't ask for final waivers until retainage and changes are truly settled. When your builder runs clean pay apps with transparent pricing , it's much easier to keep every draw defensible.
This article is general information, not legal advice. For project-specific questions, talk with a Florida construction attorney who works in Chapter 713 and residential new construction.
