- In Florida, lienors may not waive lien rights in advance of performing work. 713.20 (2). Any waiver of the right to claim of lien made in advance is unenforceable.
- A pay-if-paid clause does not waive lien rights.
- A party may not require a release on a form other than one of the statutory forms; however, if a different form is used, its terms are enforceable.
- A lienor may condition its waiver and release of lien upon payment of an amount to be tendered to him. Under these circumstances, the Owner can withhold the outstanding sum(s) due the lienor from the Contractor until the lienor has been paid.
- “Paid if Paid” is enforced if explicit.
- “Pay when Paid” suggests time for payment.
- Pay-if/when-paid provisions must unequivocally express the party's intent to establish a condition precedent to payment in order to be enforceable.
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