713.16

Demand for copy of contract and statements of account; form.

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713.16 Demand for copy of contract and statements of account; form.—

(1) A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor contracting with or employed by the other party to such contract. If the owner or lienor refuses or neglects to furnish such copy of the contract or such statement, or willfully and falsely states the amount due or to become due if fixed or ascertainable under such contract, any person who suffers any detriment thereby has a cause of action against the person refusing or neglecting to furnish the same or willfully and falsely stating the amount due or to become due for his or her damages sustained thereby. The information contained in such copy or statement furnished pursuant to such written demand is binding upon the owner or lienor furnishing it unless actual notice of any modification is given to the person demanding the copy or statement before such person acts in good faith in reliance on it. The person demanding such documents must pay for the reproduction thereof; and, if such person fails or refuses to do so, he or she is entitled only to inspect such documents at reasonable times and places.

(2) The owner may serve in writing a demand of any lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor and must include a description of the property and the names of the owner, the contractor, and the lienor’s customer, as set forth in the lienor’s notice to owner. The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner. The failure or refusal to furnish the statement under oath within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien. If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor’s last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien. The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed before the date the demand for statement is received by the lienor.

(3) A request for sworn statement of account must be in substantially the following form:

REQUEST FOR SWORN STATEMENT OF ACCOUNT

WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.

To: (Lienor’s name and address)

The undersigned hereby demands a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement for the improvement of real property identified as (property description) .

(name of contractor)

(name of the lienor’s customer, as set forth in the lienor’s Notice to Owner, if such notice has been served)

(signature and address of owner)

(date of request for sworn statement of account)

(4) When a contractor has furnished a payment bond pursuant to s. 713.23, he or she may, when an owner makes any payment to the contractor or directly to a lienor, serve a written demand on any other lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor. Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by such lienor. The demand must include a description of the property and the names of the owner, the contractor, and the lienor’s customer, as set forth in the lienor’s notice to contractor. The failure or refusal to furnish the statement does not deprive the lienor of his or her rights under the bond if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor’s last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her rights under the bond. The negligent inclusion or omission of any information deprives the person of his or her rights under the bond to the extent the contractor can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed prior to the date the demand for statement of account is received by the lienor.

(5)(a) Any lienor who is perfecting a claim of lien may serve with the claim of lien or thereafter a written demand on the owner for a written statement under oath showing:

1. The amount of the direct contract under which the lien was recorded;

2. The dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in the direct contract;

3. The reasonable estimated costs of completing the direct contract under which the lien was claimed pursuant to the scope of the direct contract; and

4. If known, the actual cost of completion.

(b) Any owner who does not provide the statement within 30 days after demand, or who provides a false or fraudulent statement, is not a prevailing party for purposes of an award of attorney fees under s. 713.29. The written demand must include the following warning in conspicuous type in substantially the following form:

WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

(6) Any written demand served on the owner must include a description of the property and the names of the contractor and the lienor’s customer, as set forth in the lienor’s notice to owner.

(7) For purposes of this section, the term “information” means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienor’s account.

History.—s. 1, ch. 63-135; s. 10, ch. 65-456; s. 35, ch. 67-254; s. 8, ch. 77-353; s. 10, ch. 90-109; s. 6, ch. 92-286; s. 319, ch. 94-119; s. 6, ch. 96-383; s. 1767, ch. 97-102; s. 6, ch. 99-386; s. 10, ch. 2007-221; s. 8, ch. 2012-211.

Note.—Former s. 84.161.

Notes of Decisions

Cited in 12 cases, 1974–2017 · leading case: Home Elec. of Dade County, Inc. v. Gonas

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Home Elec. of Dade County, Inc. v. Gonas (1989) fla · cites it 8× “NOTES [1] § 713.16(2), Fla. Stat. (1985), provides as follows: (2) At the time any payment is to be made by the owner to the contractor or directly to a lienor, the owner may in writing demand of any lienor a written statement under oath of his account showing the nature of the…”

JSL Const. Co. v. Levy (2008) fladistctapp · cites it 4× “(signature and address of owner) (date of request for sworn statement of account) § 713.16(2), (3), Fla. Stat. (1998) (providing that an "owner may serve in writing a demand of any lienor for a written statement under oath of his or her account" and that "failure or refusal to…”

PALMER ELEC. SERVICES, INC. v. Filler (1986) fladistctapp · cites it 5× “On September 26, 1983, appellees' counsel, as authorized by section 713.16(2), Florida Statutes (1983), wrote a responsive letter to appellant's counsel demanding a sworn statement from appellant to reflect the nature of labor or services performed, materials furnished, amount…”

Stresscon v. Madiedo (1991) fla · cites it 10× “Subsequent to Stresscon's filing of the claim of lien against Madiedo for work completed, Madiedo sent a demand letter to Stresscon pursuant to section 713.16(2), Florida Statutes (1987).”

Florida Wood Services, Inc. v. Osprey Links Joint Venture (1998) fladistctapp · cites it 7× “FWS failed to properly respond to a request for a sworn statement of account pursuant to section 713.16(2), Florida Statutes (1995) and its president failed to observe the formaKties of giving the oath in that statement.”

Sharrard v. Ligon (2004) fladistctapp · cites it 2× “On September 10, 1999, the Owners served a request for a sworn statement of account on the Contractor pursuant to section 713.16, Florida Statutes (1999), requesting a written statement of the Owners' account showing the nature of the labor and services performed, the materials…”

Dwork v. Executive Estates of Boynton Beach Homeowners Ass'n (2017) fladistctapp · cites it 2× “As the Stresscon court observed in holding that nothing in the language of section 713.16(2), Florida Statutes, permitted “either substantial compliance or lack of prejudice to be considered in determining the validity of a [mechanics’] lien”: The fact that no prejudice has been…”

Roof Structures, Inc. v. Picou (1989) fladistctapp · cites it 2× “With respect to a second issue raised concerning compliance with the sworn statement requirement of section 713.16, Florida Statutes, it does not appear that the trial court has specifically ruled on the issue as presented.”

Alex v. Randy, Inc. (1974) fladistctapp · cites it 4× “This is an interlocutory appeal from an order holding appellants' demand made upon lienors (appellees) under Subsection (2) of Section 713.16, Florida Statutes (the mechanics' lien law) insufficient to deprive appellees of their liens.”

Stresscon v. Madiedo (1990) fladistctapp · cites it 3× “Subsequent to Stresscon’s filing of the claim of lien against the Madiedos, the Ma-diedos sent a demand to Stresscon under subsection 713.16(2), Florida Statutes (1987).”

Gonas v. HOME ELECTRIC OF DADE COUNTY (1988) fladistctapp · cites it 5× “The demand did not specify that under section 713.16(2), Florida Statutes (1986), Home Electric had to respond within thirty days or lose the lien.”

Johnson-Welty Corp. v. Kugler (1995) fladistctapp · cites it 2× “§ 713.16, Fla.Stat. (Supp.1994). Reversed and remanded.”

— 713.16(2) — 8 cases

Home Elec. of Dade County, Inc. v. Gonas (1989) fla “NOTES [1] § 713.16(2), Fla. Stat. (1985), provides as follows: (2) At the time any payment is to be made by the owner to the contractor or directly to a lienor, the owner may in writing demand of any lienor a written statement under oath of his account showing the nature of the…”

JSL Const. Co. v. Levy (2008) fladistctapp “(signature and address of owner) (date of request for sworn statement of account) § 713.16(2), (3), Fla. Stat. (1998) (providing that an "owner may serve in writing a demand of any lienor for a written statement under oath of his or her account" and that "failure or refusal to…”

PALMER ELEC. SERVICES, INC. v. Filler (1986) fladistctapp “On September 26, 1983, appellees' counsel, as authorized by section 713.16(2), Florida Statutes (1983), wrote a responsive letter to appellant's counsel demanding a sworn statement from appellant to reflect the nature of labor or services performed, materials furnished, amount…”

Stresscon v. Madiedo (1991) fla “Subsequent to Stresscon's filing of the claim of lien against Madiedo for work completed, Madiedo sent a demand letter to Stresscon pursuant to section 713.16(2), Florida Statutes (1987).”

Florida Wood Services, Inc. v. Osprey Links Joint Venture (1998) fladistctapp “FWS failed to properly respond to a request for a sworn statement of account pursuant to section 713.16(2), Florida Statutes (1995) and its president failed to observe the formaKties of giving the oath in that statement.”

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