My roof is almost complete. I am wondering if I receive this affidavit and release of lien does this release me of any monies owed?
Residential Real Estate Lawyer
Not necessarily. It depends on your contract and if the release has been recorded. I have never heard of a contractor giving the customer a release of lien before being paid in full. You are still personally liable for any debt and if the contractor used any subcontractors and doesn't pay them, the subcontractors can lien your property. Is it possible the release of lien is from the subcontractors?
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Real Estate Attorney
As an owner, you have a right to rely on a contractor's final payment affidavit. If you have not had any notices of owner or claims of lien from subcontractors, the contractor's final payment affidavit releases you from liability. However, the Florida Construction Lien Law is very complicated and difficult to understand. Rather than relying on advice from an online forum, you should contact an experienced construction lawyer in your area to review your situation and to make sure that your are complying with the requirements of the law.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Construction / Development Lawyer
As between you and the contractor you contracted with, you are only released top the extent that you paid the contractor something in exchange for that release. As to any others who may rely upon your release, such as a lender, that release is binding, as long as it is unambiguous.
As to subcontractors who may be owed monies, this is never so clean and simple. If for example you recieved a Notice to Owner from a subcontractyor or material supplier, and have not recieved a Final Release of Lien from that lower tiered lienor, you may remain liable to them even if you recieved a Final Affidavit from your contractor.
It will all depend on the fine details of your particular situation.