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How to Handle Partial and Conditional Satisfaction of Construction Liens in Florida

Know the Difference. Protect Your Payment. Avoid Costly Mistakes.

In Florida construction law, knowing the difference between a release of lien and a satisfaction of lien can mean the difference between getting paid and giving up your rights too soon.
Contractors, subcontractors, and suppliers regularly sign lien releases in exchange for progress payments. But those documents are not the same as a lien satisfaction—especially when a lien has already been recorded.
This article explains:
  • The legal difference between a release and a satisfaction of lien
  • How to use partial and conditional releases and satisfactions strategically
  • What Florida law says about each
  • How to avoid common mistakes that can cost you thousands

What’s the Difference Between a Release and a Satisfaction of Lien?

In Florida, these two terms serve very different legal purposes, even though they’re often confused.

Term Purpose Timing Legal Effect
Release of Lien
 Waives the right to file a lien for work already completed and paid for Often before a lien is recorded Prevents future liens for specific labor, services, or materials
Satisfaction of Lien
 Acknowledges full or partial payment after a lien has been recorded After lien is filed Discharges the lien from public records under §713.21

A release of lien is used when a contractor or subcontractor receives payment—either in full or in part—and agrees to waive lien rights for the work covered by that payment.

There are two common types:

  • Partial Release: Used when payment is made for a portion of the work (e.g., progress payments).
  • Final/Full Release: Used when final payment is made, releasing all lien rights on the project.

Conditional vs. Unconditional Releases

Florida does not currently mandate specific conditional lien release forms by statute, but conditional releases are widely used.

  • A conditional release states that the lien is waived only if payment clears (e.g., "This release is conditioned upon receipt of good funds").
  • An unconditional release immediately waives lien rights, regardless of whether payment is honored.

PRO TIP: Never sign an unconditional release until you have confirmed, cleared payment in hand. If the check bounces, the release may still be enforceable.

What Is a Satisfaction of Lien?

A satisfaction of lien is a document recorded in the public records to cancel or discharge a lien that has already been filed. It tells the world (and title companies) that you’ve been paid—either fully or partially—and that the lien is no longer enforceable.
Florida Statute §713.21 governs satisfaction and partial satisfaction of liens:
“A lienor may voluntarily file with the clerk of the court a satisfaction of the lien upon payment or settlement in full or in part.”
Satisfactions can be:
  • Full: The lien has been paid and is discharged entirely.
  • Partial: Only part of the lien has been paid and satisfied. The rest remains valid and enforceable.
Once filed, a satisfaction becomes a permanent part of the public record, clearing title and removing the cloud of a lien.
A satisfaction cannot be revoked once recorded—unless the payment condition was clearly defined (e.g., a conditional satisfaction recorded in error).

Are Conditional Satisfactions Legally Recognized?

Florida’s lien statute does not explicitly address conditional satisfactions, but Florida courts have generally enforced them when the condition is clearly stated in the document and relates to the receipt of payment.

A conditional satisfaction should:

  • State that it becomes effective only upon actual receipt of funds
  • Reference the payment method and amount
  • Be recorded only after payment clears, if possible
Conditional satisfactions are less common than conditional releases, but in high-risk transactions, they can serve as a final failsafe for lienors dealing with large sums or uncertain payments.

Best Practices for Lienors and Owners

If You’re a Contractor or Supplier:

  • Always use written lien releases during payment draws—preferably conditional until funds clear
  • Never record a satisfaction until payment has been received in full or per the agreed settlement
  • Use conditional language in both releases and satisfactions when necessary
  • Retain all backup documentation, including proof of payment and copies of releases

Frequently Asked Questions

Q: Can I file a satisfaction if I haven’t received payment yet?

A: No. Once filed, a satisfaction signals that payment has been received. If payment fails, and no condition was written into the satisfaction, you may lose your lien rights.

Q: Can I condition a recorded satisfaction?

A: It’s risky. Conditional satisfactions are not addressed in Florida statute and may not protect you unless the condition is very clearly stated.

Q: Are lien releases required in Florida?

A: They’re not mandatory under Chapter 713, but they are industry standard and often required by owners or title companies before releasing funds.

Q: What if I accidentally file a full satisfaction instead of a partial one?

A: You may not be able to undo it. The lien could be considered fully discharged, even if you’re still owed money.

Final Takeaways

Understanding the difference between a lien release and a lien satisfaction in Florida is crucial for protecting your payment rights and ensuring you don’t give away leverage too soon.

  • Use releases (especially conditional ones) during the payment process.
  • Record satisfactions only after payment is finalized.
  • Document everything, and never rely on oral promises or handshake deals.

Disclaimer:

This article is provided for general informational purposes only and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Because lien laws are complex and fact-specific, you should consult a qualified Florida attorney for advice regarding your particular situation.

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