What does it mean to "give" a contractor's final payment affidavit?

RT
Robert Tanner
Fri, Nov 15, 2019 8:41 PM

Good afternoon -

Is anyone aware of any trial court rulings on what it means to "give" a
contractor's final payment affidavit?  We know from State-Wide Const.,
Inc. v. Dowda
, 418 So. 2d 1238 (Fla. 5th DCA 1982) that placing the
affidavit in the mail with the proper address and postage at least five
days before filing suit was acceptable in that case.  But does our
membership have any rulings with respect to other means of "giving" the
affidavit, such as by email or Federal Express?

Thanks,
Rob

Robert S. Tanner
Fla. Bar No. 728284
Florida Bar Board Certified in Construction Law

Law Office of Robert S. Tanner
1580 Sawgrass Corporate Pkwy., Suite 130
Sunrise, Florida 33323
Phone: 754-800-9550
Toll Free Fax: 866-609-7581
www.robtannerlaw.com

Good afternoon - Is anyone aware of any trial court rulings on what it means to "give" a contractor's final payment affidavit? We know from *State-Wide Const., Inc. v. Dowda*, 418 So. 2d 1238 (Fla. 5th DCA 1982) that placing the affidavit in the mail with the proper address and postage at least five days before filing suit was acceptable in that case. But does our membership have any rulings with respect to other means of "giving" the affidavit, such as by email or Federal Express? Thanks, Rob Robert S. Tanner Fla. Bar No. 728284 Florida Bar Board Certified in Construction Law Law Office of Robert S. Tanner 1580 Sawgrass Corporate Pkwy., Suite 130 Sunrise, Florida 33323 Phone: 754-800-9550 Toll Free Fax: 866-609-7581 www.robtannerlaw.com