§ 10-33. Disclosure required.  


Latest version.
  • (A)

    In all contracts for repair, improvement, reconstruction, or remodeling of any structure of Group R occupancy within Miami-Dade County, the contractor shall include in the contract a notice in substantially the following form:

    WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT THE FOLLOWING PERSONS ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM THE PERSONS LISTED BELOW EVERY TIME YOU PAY YOUR CONTRACTOR:

    Following the above language, the contractor shall list all subcontractors and materialmen known to the contractor to be utilized in the work, any person known to the contractor to have served a Notice to Owner pursuant to the Florida Construction Lien Law, and any other person known to the contractor who, with the passage of time or the serving of notice or both, would be entitled to a construction lien over the property of the owner. By exception, the contractor shall not be obligated to list those persons with subcontracts or rendering services or supplying materials with a value not exceeding two hundred and fifty dollars ($250.00). The required notice shall be printed in not less than ten-point bold-faced type. To the extent known, the notice shall also contain the address and telephone number for each person required to be disclosed.

    (B)

    The contractor shall be obligated to update the above list by the issuance of a rider to the construction contract within thirty (30) days of obtaining any information which renders the initial list incomplete or inaccurate, including the engagement of additional subcontractors or materialmen.

    (C)

    This section shall be inapplicable to any contract in which the owner is the United States government, the State of Florida, or any county, city or political subdivision thereof, or other public authority.

    (D)

    The requirements of this section shall be in addition to and not in substitution or derogation of any notices required to be given under the Construction Lien Law of the State of Florida.

(Ord. No. 93-76, § 1, 7-27-93; Ord. No. 13-08, § 1, 2-5-13)