BITMAN O'BRIEN, PLLC
Screening Memo
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Florida Chapter 713 · Due Diligence

Lien Screening Memo

Drop the case file: claim of lien, contract, invoices, change orders, NTO, correspondence. The memo populates Quick Screen for a 30-second read; click Expand for the full memo with statutory deep-dives. Edit any field, then print or save as PDF.

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Drop case file documents
Lien, contract, invoices, change orders, NTO, correspondence, photos. Multiple PDFs and images analyzed together.
Reading documents

Quick screen · 30 sec read
[Lienor] v. [Owner]
[Property address] · [County] County · [Date] · Source: [Documents]
[Signal] — [disposition]
[One-line verdict reason]
Lien
$X,XXX
EV range
$X.X-X.XK
30%/40% × $300/$500
Suit deadline
N days
[date]
Validity
N/10
Collection: [prelim]

Staff lookup links — one tap each

Must clear before engagement letter

  • 713.06(3)(d) Contractor's Final Payment Affidavit — confirm at intake whether served on owner; if not, must be served at least 5 days before suit, in substantially the statutory form
  • 713.20 lien waivers — intake must confirm no final waiver was signed by claimant for the scope at issue
  • [Single most-important blocker]

Next

  1. Staff today: [pull clerk records, NOC, mortgages, judgments, contest, 713.21(4) Show Cause search]
  2. Intake within 24-48 hrs: [claimant questions including 713.06(3)(d), 713.20 waivers, 713.31 reconciliation]
  3. Attorney: [post-intake action]
  4. Calendar: [suit deadline + affidavit cutoff if direct contract]
Cost structure: TBD — address in fee agreement Staff reviewer: ____________   Date: __________

Full screening memo

A. Statutory requirements

B. Lien face validity 713.08

C. Collection position (preliminary)

D. Protocol-specific

Collection analysis (preliminary)
Estimated value:
[$X avg of N sources]
Less mortgages:
[$X / unknown — staff to pull]
Preliminary equity:
[$X]
Priority:
[Nth / junior to mortgages recorded before first furnishing]
Homestead:
[Yes / No / Unknown]
P(collect):
[X% — one sentence rationale]
EV matrix
30% fee40% fee
Atty fees @ $300/hr$X,XXX$X,XXX
Atty fees @ $500/hr$X,XXX$X,XXX

Floor: $X,XXX  |  Ceiling: $X,XXX  |  Hours: N

[Math walkthrough]. Both rate points shown. Cost structure: TBD.

Settlement demand
Lien principal$X,XXX.XX
Interest (N days)$XX.XX
Attorney fees @ $300/hr$X,XXX.XX
Attorney fees @ $500/hr$X,XXX.XX
TOTAL RANGE$X,XXX — $X,XXX
713.06(3)(d) Contractor's Final Payment Affidavit

The rule. On a direct contract between owner and contractor, §713.06(3)(d), Fla. Stat., requires the contractor to deliver a sworn final payment affidavit to the owner stating either (i) all NTO-serving lienors have been paid in full, or (ii) identifying every unpaid lienor and the amount owed each.

Pre-suit timing. "The contractor shall execute the affidavit and deliver it to the owner at least 5 days before instituting an action." §713.06(3)(d)1. Failure to serve is a complete bar to suit until cured. Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995); Holding Elec., Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988).

Calendar for this case.

Suit deadline:
[date]
Latest affidavit service:
[suit minus 5 days]
Target service date:
[suit minus 12 days]

Status: [unverified]

Lien waivers and releases — 713.20

The rule. §713.20 governs the form and effect of waivers and releases of construction liens. Conditional waivers (effective only "upon payment") and unconditional waivers (effective on signing) come in partial and final flavors. Statutory forms appear at §713.20(8).

The trap. Once a lienor signs a final waiver in proper form, the claim is gone for the scope it covers. Joint-check agreements, side letters, and "release of claims" language buried in change orders are common landmines.

Status: [verification pending]

[Waiver-specific notes from documents]

Fraudulent / over-lien analysis — 713.31

The rule. A lien is fraudulent under §713.31(2)(a) if the lienor "willfully exaggerated the amount," "willfully include[d] a claim for work not performed," or "compiled the claim with such willful and gross negligence as to amount to a willful exaggeration." A fraudulent lien is "a complete defense to any action to enforce the lien."

The exposure. Owner has a private right of action against the lienor for damages including punitive damages, plus reasonable attorney fees and costs. §713.31(2)(c).

Reconciliation.

Lien amount:
$X,XXX.XX
Contract balance:
$X,XXX.XX
Approved change orders:
$X,XXX.XX
Less payments received:
($X,XXX.XX)
Reconciled balance:
$X,XXX.XX
Variance:
[$0 / $X over]

Status: [reconciliation pending]

Show Cause to enforce — 713.21(4)

The rule. §713.21(4) permits the owner to file a complaint to show cause why the lien should not be enforced. Service triggers a 20-day clock; non-response means the court "shall" enter an order extinguishing the lien.

Distinction from other accelerators.

713.21(4) Show Cause:
20 days from service of complaint
713.22(2) Notice of Contest:
60 days from recording of contest
713.22(1) one-year:
365 days from lien recording

Status for this case.

SC complaint filed:
[per OR + intake]
Service on lienor:
[date / N/A]
Response deadline:
[date / N/A]
Days remaining:
[N / N/A]

Status: [no SC filed]

Lien face — 12-element detail
    Case facts extracted
    Lienor:
    [name]
    Owners:
    [names]
    Contract signer:
    [name]
    Property:
    [address]
    Contract date:
    [date]
    Contract / Deposit / Balance:
    $X / $X / $X
    Demand letter:
    [date, sender]
    Lien recorded:
    [date, doc #, OR book/page]
    First/Last furnishing:
    [dates]
    Missing info
      STAFF REVIEWER: _______________________________    DATE: _______________
      ATTORNEY NOTES:
      COST STRUCTURE: TBD — address in fee agreement.