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Construction Notices | Construction Liens | Construction Attorney

CONSTRUCTION NOTICES

Preliminary Notices. Notice to Owner and Notice to Contractor. Protect your payment. These Notices are a necessary first step to perfect your lien rights.

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DAYS FROM COMMENCEMENT
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CONSTRUCTION LIENS

Work performed and no payment? You need to file a lien within 90 days from the final furnishing of labor, services, or material to the Project, to protect your lien rights.

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DAYS FROM FINAL FURNISH
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ENFORCE YOUR LIEN

You have filed your lien and payment has not been made. You have 1 year from the date that your lien was recorded to commence a lawsuit to enforce the lien.

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YEAR FROM DATE LIEN RECORDING
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Frequently Asked Questions

A Notice to Owner is a notice sent to Owners and other persons in the Contractor chain informing such parties that you are performing work on the Project, and if you do not get paid you will look to the property, by a lien, for payment. These notices are required in order to have a valid lien on a property. If a lienor has a direct contract with the Statutory Owner (i.e. the property owner or lessee, etc. contracting for improvements) then a Notice to Owner is not required. Simply put, the NTO is to tell the owner and the contracting chain, “Hey I am working on this Project, get a release from me before you release payment. Otherwise, I can lien your property.”

A Notice to Contractor is similar to a Notice to Owner and is utilized when a Contractor provides a payment bond to exempt an owner from liens on the project. Notice to Owner and Notice to Contractor may be combined in one Notice document.

For Notice to Owner…

All lienors WITHOUT direct contract with statutory owner (i.e. Owner or Lessee), except laborers, as a prerequisite to perfecting a lien and recording a claim of lien, must serve a notice on the owner setting forth the lienor’s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished.

A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien.

A materialman to a sub-subcontractor must serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien  and recording a claim of lien.

A materialman to a sub-subcontractor shall serve the notice to owner on the subcontractor if the materialman knows the name and address of the subcontractor.

For Notice to Contractors…

Before beginning or within 45 days after beginning to furnish labor, materials, or supplies, a lienor who is not in privity with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor’s bond for protection on the work.

Professional Service Providers.

Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract.

Subdivision Improvements.

Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site for the construction of an improvement or improvements shall be entitled to a lien on the real property for any money that is owed to her or him for her or his services or materials furnished in accordance with her or his contract and the direct contract.

Persons with Direct Contract with Statutory Owner (Person Seeking Improvement of Property). Including Materialmen, Laborers, or Contractor.

Persons WITHOUT Direct Contract with Statutory Owner. Including Materialmen, Laborers, Subcontractors, and Sub-Subcontractors.

“Lienor” means a person who is:

(a) A contractor;
(b) A subcontractor;
(c) A sub-subcontractor;
(d) A laborer;
(e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or
(f) A professional lienor under.

The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the Contractor’s Final Payment Affidavit.

Florida Law requires SERVICE  of the Notice within 45 days. But service is effective on date of mailing, (as opposed to actual delivery)  if:

(a) The notice is mailed by registered, Global Express Guaranteed, or certified mail, with postage prepaid, to the person to be served,
 
(b) The notice is mailed within 40 days after the date the lienor first furnishes labor, services, or materials;
 
and
 
(c)1. The person who served the notice maintains a registered or certified mail log that shows the registered or certified mail number issued by the United States Postal Service, the name and address of the person served, and the date stamp of the United States Postal Service confirming the date of mailing;
 
or
 
2. The person who served the notice maintains electronic tracking records generated by the United States Postal Service containing the postal tracking number, the name and address of the person served, and verification of the date of receipt by the United States Postal Service.

The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.

A valid and timely filed lien remains effective for 1 year from the date of recording, unless shortened by a Notice of Contest of Lien (notice filed in the public records and served on linear requiring lienor to enforce lien within 60 days), or Rule to Show Cause( a lawsuit requiring you to demonstrate the validity of your lien within 20 days.) If you fail to bring a lawsuit to enforce your lien within the time requirements, your lien will become invalid and unenforceable.  

The timing requirements of the lien law are, for the most part, inflexible, and missing a deadline could result in loss of your lien rights. However, your ability to recover amounts owed is not all lost. You can still bring actions for breach of contract, or unjust enrichment, and others,  that are not subject to the lien law’s timing requirements. 

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Notice to Owner/Contractor Information

The more information provided the better. We will review your information, uploaded documents, and public records to make sure your notice is correct. We will also contact you if more information is needed.

Your Information.

The notice to owner must be sent to all parties above you on the job, with the exception of the party with whom you have a direct contract. Therefore, if you have a direct contract with with the Property Owner, you do not need to send a Notice to Owner – but is always best practice to do so.
Select Date or if work has not yet commenced use anticipated start date.
Your Address (Address of person/company requesting a notice.)
Your name or company name.
Address
City
State/Province
Zip/Postal
This is your address, the address of the person or company requesting the Notice be sent.
Who did you contract with?
ex. roof replacement, material and labor for installation of drywall, painting, etc.

Property Owner’s Information

Provide all available of Folio Numbers, Legal Description, and Post Office Address if Available
Property Owner's Address – (if different that project address and if known)
City
State/Province
Zip/Postal
Country

Copies of this Notice

The notice to owner must be sent to all parties above you on the job, with the exception of the party with whom you have a direct contract, and persons listed on the Notice of Commencement for the Project.
Prime Contractor's Name Address
Name
Address
City
State/Province
Zip/Postal
Sub-Contractor's Name Address
City
State/Province
Zip/Postal
Sub-Sub-Contractor's Name Address
City
State/Province
Zip/Postal
If the owner, in his or her notice of commencement, has designated a person in addition to himself or herself to receive a copy of such lienor’s notice, as provided in s. 713.13(1)(b), the lienor shall serve a copy of his or her notice on the person so designated.
Additional Party 1 – Name and Address
Party Type and Name (i.e Lessor – ABC Company, Inc.)
Address Line
City
State/Province
Zip/Postal
Additional Party 2- Name and Address (if applicable)
City
State/Province
Zip/Postal
Additional Party 3 – Name and Address (if applicable)
City
State/Province
Zip/Postal
Additional Party 4 – Name and Address (if applicable)
City
State/Province
Zip/Postal
Additional Party 5 – Name and Address (if applicable)
City
State/Province
Zip/Postal
Drop a file here or click to upload Choose File
Maximum upload size: 15MB
Notice of Commencements are important documents to determine proper parties to receive the Notice to Owner/Contractor. If you have have copy of the Notice of Commencement please upload it here. You may also upload contract documents, purchase, orders, etc.

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