Contractors, suppliers, and subcontractors often prioritize speeding up payment, and sending a preliminary notice can be a powerful tool to help achieve that. In Florida, the preliminary notice, commonly referred to as the “Notice to Owner,” is an essential step. This document, usually sent to the property owner at the outset of a project, informs them of your involvement and your right to secure payment.
At CRM, we offer Preliminary Notice Services so you can have confidence that your payments are protected. Understanding the Notice to Owner Florida requirements ensures compliance and can lead to smoother, faster payments.
This guide outlines the comprehensive guide on what you need to know before sending a Florida preliminary notice.
Key Takeaways
- Timely NTO Filing Is Essential: Filing the Notice to Owner within the 45-day deadline is crucial for protecting lien rights in Florida. Missing this deadline can result in losing the ability to file a mechanics lien and secure payment.
- Substantial Compliance Offers Flexibility: Florida’s lien law allows for “substantial compliance,” meaning minor errors in the NTO won’t invalidate lien rights as long as they don’t harm the receiving party. However, it’s still important to ensure accuracy.
- Professional Assistance Can Simplify Compliance: Working with experts like CRM Lien Services can help contractors and suppliers manage filing requirements, meet deadlines, and safeguard their lien rights effectively.
Who Is Required to Send a Notice to Owner in Florida?
Any party involved in a Florida construction project without a direct contract with the property owner—except for laborers—is required to submit a Florida Notice to Owner (NTO). This preliminary notice is essential within Florida’s mechanics lien laws, establishing a vital link for securing payment rights. Design professionals like landscape architects, engineers, and interior designers are generally exempt from sending this notice since they only hold lien rights if they have a direct contract with the property owner.
For those who do have a direct contract with the property owner, such as general contractors or prime contractors, there’s no requirement to send an NTO. However, they may still have certain notice obligations. For example, if the property owner requests a list of subcontractors and suppliers, the general contractor must provide it within 10 days.
Additionally, if the contractor has posted a payment bond and the property owner records it alongside the Notice of Commencement, any party lacking a direct contract with the owner must serve the contractor with a notice to Contractor.
When Is the Deadline for Sending a Notice to Owner in Florida?
In Florida, any party working on a construction project without a direct contract with the property owner must typically send a preliminary Notice to Owner within 45 days of first supplying labor or materials to the site.
Specialty material fabricators also have a 45-day period from the start of their work on materials production.
For those whose contributions occur near the project’s completion, Florida law requires them to submit the notice before the owner makes the final payment to the prime contractor. This deadline represents the latest possible time to provide the notice.
To calculate your specific Notice to Owner and lien filing deadlines, use this deadline calculator.
Florida law allows parties to send a Notice to Owner as early as desired; there’s no such thing as providing notice too soon. However, sending the notice after the deadline results in the loss of lien rights entirely.
What Details Must Be Included on a Florida Notice to Owner Form?
In Florida, a Notice to Owner form must include a substantial amount of specific information. However, certain details—such as the identity of a subcontractor—are only required if the sender is aware of them. Those providing notice are permitted to rely on publicly available information, typically found in the Notice of Commencement or, if unavailable, the building permit.
A Notice to Owner Florida Statute typically includes:
- The owner’s name and address
- A general description of the services or materials provided
- A description of the property
- The name and address of the hiring party
Additionally, Florida law mandates including several paragraphs of warning text, as outlined to inform the property owner about lien rights and ways to safeguard against them.
What Is the Correct Method for Sending a Notice to Owner in Florida?
In Florida, delivering a Notice to Owner can be done through various approved methods to ensure it reaches the designated recipient. The Notice to Owner in Florida may be served by handing it directly to the recipient, allowing for immediate acknowledgment. Alternatively, it can be sent via registered mail, certified mail, or Global Express Guaranteed mail with postage prepaid, providing a reliable delivery option with tracking capabilities.
If these primary methods are not feasible, the notice may be posted at the job site as a last resort. This range of delivery options helps ensure that the Notice to Owner meets legal requirements, securing lien rights effectively.
Is a Florida Notice to Owner Considered Valid Upon Sending or Upon Receipt?
When serving a Notice to Owner of Florida, the timing of delivery significantly affects when the notice is considered officially served. If the Notice to Owner is sent within 40 days from the date the sender first supplied labor or materials to the construction project, it is legally regarded as served on the date it was mailed, regardless of when the recipient actually receives it. This provision helps ensure that subcontractors and suppliers can secure their lien rights quickly and efficiently without depending on delivery delays.
However, if the notice is mailed after this 40-day period, it is only deemed served upon the date of actual receipt by the property owner. This distinction is crucial, as delayed mailing could jeopardize lien rights if the recipient receives the notice outside the required timeframe. Understanding this rule helps parties protect their construction lien rights by ensuring their Notice to Owner is sent promptly within Florida’s specified guidelines.
Can an Amended Notice to Owner Be Sent in Florida?
Sending an amended Notice to Owner (NTO) can be risky, especially if the original 45-day deadline has already passed. In that case, issuing an amended NTO might jeopardize your lien rights. However, if you are still within the 45-day period, updating or correcting your NTO as written notice prescribed is generally low-risk and should not affect your lien rights.
Florida’s mechanics lien law, specifically statute § 713.06(2)(f), follows a standard of “substantial compliance.” This means that as long as the essential requirements are met, minor errors or omissions in the NTO do not prevent lien enforcement, provided that these mistakes do not harm the parties involved.
Essentially, if an error in the Notice to Contractor Florida doesn’t negatively impact the recipients, then an amended notice may not be necessary. This approach offers some flexibility, allowing lien claimants to protect their rights even if small mistakes occur in the original notice.
What Happens if the Florida Notice to Owner Is Sent Late?
Missing the deadline to serve a Florida Notice to Owner has serious consequences for contractors, subcontractors, and suppliers seeking to secure payment. If the NTO is not served within the required timeframe, usually 45 days from the date labor or materials were first provided, the claimant forfeits the right to file a mechanics lien.
This lost right means the claimant has limited options to enforce payment through a lien, which can protect their interests against nonpayment. Therefore, serving the NTO promptly is crucial for preserving lien rights and ensuring a reliable path to payment security in Florida.
What Happens If You Don’t File a Notice to Owner in Florida?
Failing to file a Notice to Owner/Notice to Owner in Florida can have serious repercussions, particularly for contractors, subcontractors, and suppliers seeking to protect their payment rights. In Florida, an NTO is required for parties who don’t have a direct contract with the property owner to secure their mechanics lien rights.
If an NTO isn’t filed within 45 days of first providing labor or materials, the claimant loses the right to file a mechanics lien against the property. This loss can limit recourse options, as a mechanics lien is a strong legal tool to ensure payment. Without it, the claimant may have to pursue payment through other, less secure means, making it vital to file the NTO within the designated timeframe.
Get in Touch
Ensuring timely filing and accuracy of a preliminary Notice in Florida is essential for protecting lien rights on construction projects. Missing the 45-day deadline or making errors in the NTO can jeopardize a contractor’s or supplier’s ability to file a mechanics lien, limiting their options to secure payment. Florida’s “substantial compliance” standard offers some flexibility, but precise adherence to requirements remains crucial.
At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We provide expert guidance, helping contractors and suppliers safeguard their payment rights through seamless and timely NTO and lien filings.
We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a Notice to Owner and mechanics lien, give us a call or shoot us an email.
