Notice To Owner

What Is A Notice to Owner?

State of Florida law requires that anyone who supplies labor, services or materials to a contractor on any construction job must send the owner of the construction project a “Notice to Owner” form to protect their rights to getting paid on the construction project. This notice informs the recipient that the company identified on the notice is on a specific job and provides a general description of the type of materials they are supplying or the type of work that they will be performing and with whom they have a direct contract. This notice gives this company lien rights shall the general contractor fail payment to them, yet it is not a lien. Before paying a contractor, the property owner should make sure that the company who has given the Notice to Owner has been paid by the contractors. This can be done by getting a lien waiver from the person identified in the Notice to Owner.

Who Should Send A Notice to Owner?

A materialman, laborer, or contractor who is not working for or who is not hired by the property owner directly and are making improvements to the property must serve a Notice to Owner in order to obtain lien rights to the property. The service of a Notice to Owner must be received within 45 days from the first day of improvements of delivery of materials.

timeline

Notice To Owner
45 Days

A notice to owner must be served within 45 days of your FIRST furnishing of labor, materials, or services supplied to the construction project. It must be served prior to the Owner’s disbursement of the final payment to the General Contractor.

Claim of Lien
90 Days

A claim of lien must be recorded in the county where the construction project is located within 90 days of your FINAL furnishing of labor, materials, or services to that project. A copy of the claim must be served to the owner within 15 days of recording the claim of lien.

Enforce Claim of Lien
1 Year

A Claim of lien must be enforeced within 1 year of the last day that work was done on the property.