Fla. Stat. 713.235
Waivers of right to claim against payment bond; forms


(1)

When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form:

WAIVER OF RIGHT TO CLAIMAGAINST THE PAYMENT BOND(PROGRESS PAYMENT)

The undersigned, in consideration of the sum of $ hereby waives its right to claim against the payment bond for labor, services, or materials furnished through (insert date) , to (insert the name of your customer) on the job of (insert the name of the owner) , for improvements to the following described project:

(description of project)

This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.

DATED on

(Lienor)

By:

(2)

When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form:

WAIVER OF RIGHT TO CLAIMAGAINST THE PAYMENT BOND(FINAL PAYMENT)

The undersigned, in consideration of the final payment in the amount of $ , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner) , for improvements to the following described project:

(description of project)

DATED on

(Lienor)

By:

(3)

A person may not require a claimant to furnish a waiver that is different from the forms in subsections (1) and (2).

(4)

A person who executes a waiver in exchange for a check may condition the waiver on payment of the check.

(5)

A waiver that is not substantially similar to the forms in this section is enforceable in accordance with its terms.

Source: Section 713.235 — Waivers of right to claim against payment bond; forms, https://www.­flsenate.­gov/Laws/Statutes/2024/0713.­235 (accessed Aug. 7, 2025).

713.01
Definitions
713.001
Short title of part
713.02
Types of lienors and exemptions
713.03
Liens for professional services
713.04
Subdivision improvements
713.05
Liens of persons in privity
713.06
Liens of persons not in privity
713.07
Priority of liens
713.08
Claim of lien
713.09
Single claim of lien
713.10
Extent of liens
713.011
Computation of time
713.11
Liens for improving land in which the contracting party has no interest
713.12
Liens for improving real property under contract with husband or wife on property of the other or of both
713.012
Written notices, demands, or requests
713.13
Notice of commencement
713.14
Application of money to materials account
713.15
Repossession of materials not used
713.015
Mandatory provisions for direct contracts
713.16
Demand for copy of contract and statements of account
713.17
Materials not attachable for debts of purchaser
713.18
Manner of serving documents
713.19
Assignment of lien
713.20
Waiver or release of liens
713.21
Discharge of lien
713.22
Duration of lien
713.23
Payment bond
713.24
Transfer of liens to security
713.26
Redemption and sale
713.27
Interplead
713.28
Judgments in case of failure to establish liens
713.29
Attorney fees
713.30
Other actions not barred
713.31
Remedies in case of fraud or collusion
713.32
Insurance proceeds liable for demands
713.33
Disbursing agent and others may rely on owner’s notices
713.35
Making or furnishing false statement
713.37
Rule of construction
713.132
Notice of termination
713.135
Notice of commencement and applicability of lien
713.165
Request for list of subcontractors and suppliers
713.235
Waivers of right to claim against payment bond
713.245
Conditional payment bond
713.345
Moneys received for real property improvements
713.346
Payment on construction contracts
713.3471
Lender responsibilities with construction loans

Current through Fall 2025

§ 713.235. Waivers of right to claim against payment bond; forms's source at flsenate​.gov